← Library
Madras High CourtCRL OP/2393/2017dismissed

M/S.Thirupathi Arisi Mandi, v. Velmurugan Rice Merchant,

2017-08-24Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.2393 & 2394 of 2017 and Crl.M.P.No.1704 of 2017 1.M/s Thirupathi Arisi Mandi Rep.by its Proprietor M.Ramesh

2. M.Ramesh ..

Petitioners Vs.

Velmurugan Rice Merchant Rep.by its Proprietor A.V.Balamurugan ..

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order made in Crl.M.P.Nos.2944 & 2945 of 2016 in C.C.No.1247 & 1246 of 2015 dated 22.11.2016 by the learned Fast Track Court - II, Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3 and allow the same.

For Petitioners :

Mr. V.Devendhiran For Respondent :

M/s.M.Nirmal Kumar Mr.C.Sundaresan

ORDER

This criminal original petition has been filed under Section 482 Cr.P.C. praying to set aside the order made in Crl.M.P.Nos.2944 & 2945 of 2016 in C.C.No.1247 & 1246 of 2015 dated 22.11.2016 by the learned Fast Track Court - II, Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3.

2. Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent.

3. The challenge, under the present petition, is for rejection of the petitioner's application under Section 311 of the Criminal Procedure Code. It is seen that the petitioners were given opportunity on four occasions for cross-examination on 22.02.2016, 07.10.2016, 22.11.2016 and 30.12.2016. Inspite of the same, the petitioners have not availed of the opportunity and they have filed these applications. From the conduct of the petitioners herein, it can only be concluded that the petitioners are trying to protract the proceedings by filing this kind of applications.

4. It is now represented by the learned counsel for the defacto complaint/respondent that the matter is listed today for pronouncing judgment.

In view of the above findings, the present criminal original petitions stand dismissed. Consequently, connected miscellaneous petition is closed.

24.08.2017 Index : Yes/No Internet : Yes/No sms/vsi2 To The learned Fast Track Court - II, Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3

M.S.RAMESH.J, sms/vsi2 Crl.O.P.Nos.2393 & 2394 of 2017 and Crl.M.P.No.1704 of 2017 24.08.2017