Madras High CourtCRL OP/3319/2019dismissed

Senthil @ Rajkumar v. The State Rep. By

2019-02-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3319 of 2019 and Crl.M.P.No.2163 of 2019 Senthil @ Rajkumar ... Petitioner Vs.

The State, Rep by Inspector of Police, Chennimalai Police Station, Erode District.

(Crime No.177 of 2007) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order dated 26.12.2018 made in C.M.P.No.3357 of 2018 on the file of the Judicial Magistrate, Perunthurai.

For Petitioner : Mr.A.M.Esakkiappan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to set aside the order dated 26.12.2018 made in C.M.P.No.3357 of 2018 on the file of the Judicial Magistrate, Perunthurai.

2. Heard the learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent.

3. It is seen that the Calendar Case of the year is 2007. The petitioner filed a petition under Section 311 of Cr.P.C before the learned Judicial Magistrate, Perunthurai and the same has been dismissed for the reason that due to illness of the petitioner's counsel, P.W.1 and P.W.2 were not cross examined on 08.05.2008. Thereafter, after 10 years, the present petition has been filed by the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5. On perusal of the materials placed before this Court, this Court is of the opinion that there are absolutely no grounds to interfere with the order passed by the Court below.

6. In the result, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lpp To 1.The Inspector of Police, Chennimalai Police Station, Erode District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.A.M.Esakkiappan, Advocate Sr.No.11011 Crl.O.P.No.3319 of 2019 RK(CO) CSL/07.03.2019 https://hcservices.ecourts.gov.in/hcservices/