Madras High CourtCRL OP/27973/2017allowed

K.R.Sriram v. Tamilnadu Newsprint And

2018-02-12Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.O.P Nos.27973 & 27974 of 2017 and Crl.M.P.Nos.15922 & 15932 of 2017 K.R.Sriram ..Petitioner Vs Tamilnadu Newsprint and Papers Ltd, Rep. by its Deputy Manager (Marketing), R.Ramakrishna, No.67, Mount Road, Guindy, Chennai - 32.

..Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C, praying to call for the records in C.C.Nos.213 of 2013 and 214 of 2013 on the file of the FTC - II, Metropolitan Magistrate Court, Egmore at Allikulam, Chennai - 3, with regard to the docket order passed on 30.10.2017 and set aside the same and consequently allow the petitioner/accused to take his defence evidence in the above said calendar case.

For Petitioner : M/s.A.Edwin Prabakar For Respondent :Mr.Shivakumar & Suresh

O R D E R

The prayer sought for in the present petition is to call for the records in C.C.Nos.213 of 2013 and 214 of 2013 on the file of the FTC - II, Metropolitan Magistrate Court, Egmore at Allikulam, Chennai - 3, with regard to the docket order passed on 30.10.2017 and set aside the same and

consequently allow the petitioner/accused to take his defence/evidence in the above said calendar case.

2. The impugned order does not disclose or justify as to why the petitioner's complaint under Section 311 Cr.P.C. came to be rejected. In view of the order, being non-speaking one, it would be appropriate to grant one more opportunity to the petitioner. Accordingly, the impugned order dated 30.10.2017 passed in C.C.Nos.213 & 214 of 2013 on the file of the FTC - II, Metropolitan Magistrate Court, Egmore at Allikulam, Chennai - 3 is set aside. Consequently, the petitioner is permitted to take the defence/evidence on 14.02.2018. It is made clear, that such examination shall be completed on the very same day.

With the above observations, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 12.02.2018 Index : Yes/No Internet : Yes/No dh Note: Issue Order copy on 13.02.2018

M.S.RAMESH. J., dh Crl.OP Nos.27973 & 27974 of 2017 12.02.2018