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Madras High CourtCRL MP/12185/2019ordered

K.Yazar Arabath v. The State, Rep. By

2019-08-29Honourable Mr Justice M. Nirmal Kumar4 pages

Crl.M.P.No.12185 of 2019 and Crl.O.P.No.21111 of 2013 M.NIRMAL KUMAR. J., This Criminal Miscellaneous Petition is filed to amend the order dated 22.03.2019 in Crl.O.P.No.21111 of 2013 as S.C.No.37 of 2013 on the file of the Mahila Court, Chengalpet instead of P.R.C.No.6 of 2013 on the file of the Judicial Magistrate Court No.II, Kancheepuram. 2.In the final order passed by this Court in Crl.O.P.No.21111 of 2013 dated 22.03.2019 in the second page, it has been mentioned as follows:- "The learned counsel appearing for the petitioner has submitted a letter dated 15.03.2019 along with the letter given by the petitioner to the Registry seeking permission of this Court to post the above Writ Petition for withdrawal. This matter is listed today under the caption "for withdrawal"

2.In view of the same, the Writ Petition stands dismissed as withdrawn. No costs. Connected miscellaneous petitions are closed."

3.Thereafter, this matter came up for hearing on 03.07.2019 under the caption "for being mentioned" at the instance of the learned counsel for the petitioner. This Court by order dated 03.07.2019 in Crl.O.P.No.21111 of 2013 1/4

rectified the necessary corrections and shall be read as follows:- "The learned counsel appearing for the petitioner has submitted a letter dated 15.03.2019 along with the letter given by the petitioner to the Registry seeking permission of this Court to post the above Criminal Original Petition for withdrawal. This matter is listed today under the caption "for withdrawal."

2.In view of the same, the Criminal Original Petition stands dismissed as withdrawn. Connected miscellaneous petitions are closed."

4.Since Crl.O.P.No.21111 of 2013 is to quash the proceedings in P.R.C.No.6 of 2013 on the file of the Judicial Magistrate Court No.II, Kancheepuram, in the orders dated in 22.03.2019 and 03.07.2019 it has been mentioned as P.R.C.No.6 of 2013. Now it is submitted that P.R.C.No.6 of 2013 on the file of the Judicial Magistrate Court No.II, Kancheepuram has been committed to the Court of Sessions and it is pending as S.C.No.37 of 2013 on the file of the Mahila Court, Chengalpet.

5.The learned counsel for the petitioner filed Crl.M.P.No.12185 of 2019 seeking to amend the order dated 22.03.2019 in Crl.O.P.No.21111 of 2013 as S.C.No.37 of 2013 on the file of the Mahila Court, Chengalpet instead of P.R.C.No.6 of 2013 on the file of the Judicial Magistrate Court No.II, Kancheepuram.

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6.In view of the above, the Registry is directed to carry out the necessary correction and issue fresh order copy on 30.08.2019. 7.Accordingly, this Criminal Miscellaneous Petition is ordered. 29.08.2019 vv2 Note: Issue Order Copy on 30.08.2019.

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M.NIRMAL KUMAR. J., vv2 Crl.M.P.No.12185 of 2019 and Crl.O.P.No.21111 of 2013 29.08.2019 4/4