S.Jeganathan v. V.Rajamani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.Nos.21499 and 21505 of 2022 and CRL.M.P.Nos.13952 and 13958 of 2022 S.Jeganathan, S/o.K.Srinivasan ... Petitioner in both Crl.OPs Vs.
V.Rajamani, S/o.Vempuli Naicker ... Respondent in both Crl.OPs Prayer in Crl.O.P.No.21499 of 2022 : This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records and set aside the order passed in Crl.M.P.No.1435 of 2021 in S.T.C.No.107 of 2019 on the file of the Fast Track at Magisterial Level, Tiruvallur by its order dated 04.08.2022.
Prayer in Crl.O.P.No.21505 of 2022 : This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records and set aside the order passed in Crl.M.P.No.1434 of 2021 in 1/4
S.T.C.No.107 of 2019 on the file of the Fast Track at Magisterial Level, Tiruvallur by its order dated 04.08.2022.
For Petitioner : Mr.P.Chandrasekar (in both Crl.OPs) For Respondent : No Appearance (in both Crl.OPs) C O M M O N O R D E R These Criminal Original Petitions have been filed challenging the order passed in the Recall Petition filed by the respondent/complainant before the Trial Court. The respondent/complainant filed the petitions in Crl.M.P.Nos.1434 and 1435 of 2021 to reopen and recall the P.W.1 in order to mark some documents. The learned Judge after hearing submissions of both sides allowed the application with the costs. Aggrieved by the same, this matter has been filed before this Court.
2. The learned counsel for the petitioner submitted that the matter is pending for more than five years. In order to drag on the proceedings, the said application was filed. Hence, he prayed to dismiss this petition. 2/4
3. On perusal of order, it reveals that the Trial Judge on considering all the facts and to avoid further complications and also to give one more sufficient opportunity, had allowed the application. Therefore, I do not find any irregularity in the order passed by the Court below. Accordingly, these Criminal Original Petitions stand dismissed by confirming the order passed by the Court below. Consequently, connected Criminal Miscellaneous Petitions are closed.
14.02.2024 Index : Yes / No Speaking/Non-speaking order mkn2 To The Fast Track at Magisterial Level, Tiruvallur 3/4
T.V.THAMILSELVI, J.
mkn2 CRL.O.P.No.21499 and 21505 of 2022 and CRL.M.P.Nos.13952 and 13958 of 2022 14.02.2024 4/4