V.Sivaraj v. Chandru
A NO. 1036 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-03-2025
CORAM
THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1036 of 2025 in C.S.No.182 of 2019 V.Sivaraj No.1/13, 3rd Reddy Street, Ekkattuthangal Ch 32 Applicant(s) Vs Chandru S/o. Irulappa Pillai, Village Administrative Officer, No.2/490, V.O.C. St, Vedathri Nagar, Dindigul Dt. and 13 Others Respondent(s) For Applicant(s):
M/s.R. Ramya SURESHSAMPATH B.Arvind Srevatsa For Respondent(s): G.Ilamurugan
ORDER
The present application had been filed to permit the applicants/ plaintiffs to let in secondary evidence regarding the plaint Document No.38 namely the notice issued by the second defendant under Section 41-A of Cr.P.C., calling upon the first plaintiff to appear before them on 18.02.2019 and permit the applicants/ plaintiffs to mark the photocopy of the same.
2. Mrs.R.Ramya, learned counsel appearing for the applicant would submit that the summons had been issued under section 41A of Cr.P.C. dated 14.02.2019 calling upon the applicant/ plaintiff to appear before the second defendant on 18.02.2019 and that the said summons were also challenged by the applicant before this Court in Crl.O.P.No.4490 of 2019. She would further submit that the original notice had been misplaced and even after diligent search the applicant was unable to trace the same. Hence, the photocopy of the same could be permitted to be marked as secondary evidence. She had also placed on record the application sent by the applicant to the Public Information Officer of the Commissioner's Office seeking for a copy of the said notice served on them.
A reply had been emanated from the Public Information Officer enclosing a copy of the letter of the Inspector of Police, Central Crime Branch-III, Gamma-II, Land Fraud Investigation Wing-1, Vepery, Chennai-600 007, indicating that such notice had been served upon the applicant and that the same might be available with them. In such an event she would submit that there has been a notice under section 41A Cr.P.C. from the Department which is dated 14.02.2019 that is to be marked, which is only a photocopy of the said document for which the present application had been filed by the applicant. Therefore she would submit that there is no impediment in granting leave that has been sought for.
3. Countering her arguments, Mr.G.Ilamurugan, learned counsel appearing for the respondent would submit that even in the plaint there is only vague allegation of such a notice. Further, he would submit that there is no relevancy of the said documents in the present suit. He would contend that the entire application itself is vexatious only to protract the proceedings and nothing else. Therefore, he seeks to dismiss the said application.
4. I have considered the submissions made by the learned Counsels appearing on either side and perused the materials available on record.
5. What is sought to be received as secondary evidence is the notice under section 41A of Cr.P.C. dated 14.02.2019. It is the case of the applicant that the said document had been misplaced and in spite of valiant efforts the same could not be traced. The applicant had in extenso pleaded in the plaint about various incidents which had occurred between 14.02.2019 and 18.02.2019 and also alleged issue of such notice on him during the custody. The defendant in his written statement had blanke tly denied the various allegations made by the plaintiff in paragraph number 10 to 24 of the plaint.
6. The reply given to the applicant in RTI would also indicate that such a notice had been
issued to the applicant and therefore, it cannot be said that the said document is non existent document. The department had also accepted the issuance of such notice to the applicant. In such view of the matter, I do not find any compelling reasons to reject the claim of the applicant and in fine the application is ordered and the Judge's summons indicated document namely the photocopy of the plaint Document No.38 is permitted to be accepted as secondary evidence.
19-03-2025 Gba To
1. Chandru S/o. Irulappa Pillai, Village Administrative Officer, No.2/490, V.O.C. St, Vedathri Nagar, Dindigul Dt.
2. K.Murugan 3rd party cell, no.67/68, Sheikpet, Nadu st, Kancheepuram.
3. P.Muthulakshmi Director(finance), India Optel Limited Corporate Hq, India Optel Ltd, (ofil Campus)(raipur, Dehradun-248008
4. P.Krithika Priyadharshini D/o.Late.G.Boovaraghavan, No.2, Corporation Model Lane, Chetpet, Chennai.600 031.
5. S.Lalitha Director(operations And Hr) Gliders India Ltd, Gt Rd, Drdo Kanpur, Uttar Pradesh-208
6. I.Shankari D/o.Late.G.Boovaraghavan, No.2, Corporation Model Lane, Chetpet, Chennai .600 031.
7. Shri Surendra Dhapodkar Director (finance), Gilders India Ltd, Gt Rd, Drdo Kanpur, Uttar Pradesh-208013
8. Shri. Ajay Kumar Yerpude Executive Director, Ordnance Factory Muradnagar District-ghaziabad, Uttar Pradesh201 206
9. Shri Amit Singh General Manager, Ordance Equipemtn Factory, No.19, National Highway, Hazratpur, Garhijafar, Uttar Pradesh-283103
10. Shri M.C.Balasubramaniam General Manager, Gliders India Ltd, Gt Rd, Drdo Kanpur, Kanpur, Uttar Pradesh208013
11. Shri Prabir Kumar Sarkar Chief General Manager, Steel Authority Of India Limited Ltd, Ispat Bhawan, Lodhi Road, New Delhi-110 003
12. Dr.Ramakant Dixit Chief General Manager, Spmcil, 16th Floor, Jawahar Vyapar Bhavan, Janpath, New Delhi-110 001
13. Shri Kamalakanta Nayak Additional General Manager, Cfo, Utility Powertech Ltd, Eoc Annexe, Ntpc Ltd, Plot No.A-8a, Sector-24 Noida District-up-201301
14. Shri Pravin Kumar Chief General Manager Cgm(services), Rashtriya Ispat Nigam Limited (rinl) Adminstrative Building, Visakhapatnam Steel Plant, Visakhapatnam, Andhra Pradesh530003