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Madras High CourtCRL OP/14151/2019dismissed

N.Krishnan v. A.Sampoornam

2019-06-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.14151 of 2019 and CRL.MP.No.6856 of 2019 N.Krishnan

...Petitioner

Vs.

A.Sampoornam

...Respondent

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to set aside the order dated 16.05.2019 made in C.M.P.No.925 of 2019 in S.T.C.No.309 of 2018 on the file of the learned District Munsif Cum Judicial Magistrate, Kodumudi. For Petitioner : M/S.N.Manokaran For Respondent : No appearance

ORDER

This petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 311 of Cr.P.C., to summon the Advocate appearing on behalf of the respondent as a witness for the purpose of adducing evidence on the reply notice issued by him for the rejoinder notice sent by him under instructions of the respondent. This Court does not find any illegality or infirmity in the order passed by the trial Court dismissing the petition and it is not necessary to summon the advocate appearing for the respondent in order to mark the reply issued for the re-joinder by the petitioner. This can be done by the petitioner himself by getting in to the box and marking the document. This Court does not find any ground to interfere with the order passed by the Court below.

In the result, this Criminal Original Petition is dismissed by giving liberty to the petitioner to mark the reply to the re-joinder notice by putting himself as a witness. The Court below is directed to complete the proceedings in https://hcservices.ecourts.gov.in/hcservices/

S.T.C.No.309 of 2018 within a period of two months from the date of receipt of copy of this order. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sbn/ssr To

1. The District Munsif Cum Judicial Magistrate, Kodumudi.

+1 cc to Mr.N.Manoharan, Advocate, S.R.No.45525 CRL.O.P.No.14151 of 2019 and CRL.MP.No.6856 of 2019 (CO) SSM(19/06/2019) https://hcservices.ecourts.gov.in/hcservices/