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Madras High CourtCRL OP/16652/2025dismissed

B.Karthikeyan v. D. Kalpana,

2025-06-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.10394 of 2025 B.Karthikeyan ... Petitioner Vs.

D.Kalpana ... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to direct the learned Metropolitan Magistrate, Fast Track Court - II, Egmore to take on file the petition dated 14.05.2025 filed by the petitioner in Crl.M.P.No. Unnumbered of 2025 in S.T.C.No.2122 of 2024 and also to number and pass an order on the same. For Petitioner : Mr.S.R.Karthikeyan

O R D E R

The Criminal Original Petition is filed seeking a direction to the Metropolitan Magistrate, Fast Track Court - II, Egmore to take on file 1/4

the petition dated 14.05.2025 filed by the petitioner in Crl.M.P.No. Unnumbered of 2025 in S.T.C.No.2122 of 2024 and also to number and pass an order on the same.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. According to the petitioner, he has filed a petition in Crl.M.P.No. unnumbered of 2025 in S.T.C.No.2122 of 2024 on the file of the Metropolitan Magistrate, Fast Track Court - II, Egmore, Chennai, seeking to receive the document in the list of additional documents [Acknowledgement Card (Original) dated 08.12.2023] and also to mark the same on the side of the petitioner during the trial in S.T.C.No.2122 of 2024. However, the learned Magistrate orally refused to receive the said petition stating that only after marking the documents as listed in the complaint through examination-in-chief, the above said petition is maintainable and adjourned the same on 02.07.2025. Hence, the present petition has been filed by the petitioner.

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4. On a perusal of records, it is seen that even prior to filing of the complaint in S.T.C.No.2122 of 2024, the petitioner was in possession of the said additional document, but he has not produced the same along with the complaint and also he has not given any specific reason for nonproduction of the said document along with the complaint. Therefore, the petitioner is not entitled to get the relief as sought for in this petition. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

12.06.2025 Index : Yes/No Speaking Order : Yes/No ms To The Metropolitan Magistrate, Fast Track Court - II, Egmore, Chennai.

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P.VELMURUGAN, J ms 12.06.2025 4/4