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Madras High CourtCRL OP/5819/2016dismissed as infructuous

Anbuselvan v. Savithri

2022-04-13Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022 CORAM :

The Hon'ble Mr.JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.5819 of 2016 and Crl.M.P.No.3010 of 2016 Anbuselvan .. Petitioner -vsSavithri .. Respondent Petition filed under Section 482 Cr.P.C. to set aside the order dated 23.06.2015 passed by the learned Judicial Magistrate, Fast Track Court, Magisterial Level-II, Coimbatore, in C.M.P.No.5080 of 2015 in S.T.C.No.80 of 2012. For Petitioner :

Mr.Sriram for Mr.L.Mouli For Respondent :

Mr.K.S.Karthik Raja * * * * *

O R D E R

This petition is filed to call for the records in C.M.P.No.5080 of 2015 in S.T.C.No.80 of 2012 on the file of Judicial Magistrate-II, Coimbatore.

2. The aforesaid Civil Miscellaneous Petition was filed for recalling P.W-1 and that petition was dismissed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore. Challenging the said order, C.R.P.No.52 of 2015 was filed before the III Additional District and Sessions Court, Coimbatore and considering the submissions, the learned Sessions Judge dismissed the said C.R.P. by order dated 08.12.2015. Therefore, the present petition before this Court.

3. When the matter is taken up, learned counsel for the petitioner submitted that the main Summary Trial Case No.80 of 2012 itself has been disposed of ending in conviction of the accused and therefore, this petition has become infructuous.

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4. In view of the submission of the learned counsel for the petitioner that main Summary Trial Case No.80 of 2012 itself has been disposed of, nothing survives in this petition. The Criminal Original Petition is, accordingly, dismissed as infructuous. Consequently, Crl.M.P.No.3010 of 2016 is also dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To, 1.The Judicial Magistrate, Fast Track Court, Magisterial Level-II, Coimbatore.

2.The Judge, II Additional District and Sessions Court, Coimbatore. +1 cc to Mr.L.Mouli, Advocate Sr.NO. 26206 Crl.O.P.No.5819 of 2016 PMK(CO) A.SK(27/04/2022) https://hcservices.ecourts.gov.in/hcservices/