Mahalingam v. Kousalya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-10-2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.O.P.No. 6543 of 2013 and M.P.No.1 of 2013 1.Mahalingam 2.Padmavathy ... Petitioners/Accused 1 & 2 Vs Kousalya ... Respondent/Complainant PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records on the file of the Judicial Magistrate at Gudiyatham in C.C.No.345 of 2012 and to quash the same.

For Petitioners: Mr.SU.Srinivasan For Respondent : Ms.T.Vanitha Sri Rohini Devi

O R D E R

The learned counsel for the respondent has filed a memo stating that in the present original petition, the petitioners herein have wrongly given the case number as C.C.No.3763 of 2012 instead of C.C.No.345 of 2012. She further stated that the said case i.e., C.C.No.345 of 2012 was disposed of by the learned Judicial Magistrate, Gudiyatham on 18.03.2013 itself and hence, this original petition has become infructuous.

2. The learned counsel for the petitioner has taken notice in the said memo. He fairly conceded that the mistake has been crept in mentioning the lower Court case number in this petition as C.C.No.3763 of 2012 and the correct case Number is C.C.No.345 of 2012. He also conceded that the said case was also disposed of by the Trial Court on 18.03.2013 itself. The memo is recorded. The Registry is directed to make necessary amendment in the main petition.

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3. Considering the aforesaid memo, this petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar TTA/vsa To 1.The Judicial Magistrate, Gudiyatham.

2.The Public Prosecutor, Madras High Court, Chennai.

+2 Ccs to Mr.S. Vijay Anand, Advocate sr 71784 Crl.O.P.No. 6543 of 2013 and M.P.No.1 of 2013 MR(CO) SP(31/12/2018) https://hcservices.ecourts.gov.in/hcservices/