R.Joshua, M/A-34 Years v. V.Rajan, M/A-56 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.430 of 2017 and Crl.MP.No.302 of 2017 R.Joshua

...Petitioner

.Vs.

V.Rajan

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in CMP No.1756 of 2016 dated 16.12.2016 in C.C.No.699 of 2014 on the file of the Judicial Magistrate No.V of Vellore Court and set aside the order in accordance with law.

For Petitioner : Mr.P.K.Srilokesh

O R D E R

This criminal original petition has been filed challenging the Order passed by the Court below dismissing an application filed under Section 91(2) of Cr.P.C., wherein, the petitioner had sought for the production of certain documents. 2.The respondent has filed a complaint against the petitioner for defamation under Section 500 of IPC. When the case was at the stage of defence evidence, an application came to be filed under Section 91(2) of Cr.PC., for the purpose of calling for certain documents. The Court below has dismissed this application mainly on the ground that the documents that were sought to be furnished is already in the custody of the petitioner and therefore, no useful purpose will be served in directing the authorities to produce the documents. 3.Heard Mr.P.K.Srilokesh, learned counsel for the petitioner.

4.In the considered view of this Court, the Court below has given cogent reasons while dismissing the application filed by the petitioner and this Court does not find any illegality or infirmity in the order passed by the Court below. There are absolutely no grounds to interfere with the same. Accordingly, this criminal original petition is dismissed and there shall be a direction to the Court below to complete the proceedings in C.C.No.699/2014, within a period https://hcservices.ecourts.gov.in/hcservices/

of two months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To Judicial Magistrate No.V, Vellore Court, Vellore.

CRL.O.P.No.430 of 2017 LN(CO) GN(10/02/2021) https://hcservices.ecourts.gov.in/hcservices/