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Madras High CourtCRL RC/1109/2021dismissed as infructuous

D.Samuel Joshua v. State Rep By

2024-04-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and Crl.M.P.No.14198 of 2021 D.Samuel Joshua ... Petitioner Vs.

1.The State rep. by, The Inspector of Police, (Crime) F-3, Nungambakkam Police Station, Chennai - 600 007.

2.Nikhil Kausik 3.Prerar Nair [R2 & R3 impleaded as per order in Crl.M.P.No.1847 of 2022 in Crl.R.C.No.1109 of 2021 dated 18.02.2022] ... Respondents Prayer : Criminal Revision Case filed under Section 397 r/w 401 of Code of Criminal Procedure seeking to call for the records in Crl.M.P.No.8808 of 2021 filed against R.C.S.No.10 of 2021 and further pleased to set aside the 1/4

order passed in Crl.M.P.No.8808 of 2021 dated 17.11.2021 passed by the XIV Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.M.A.Mathew Berchmans For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) [R1] Ms.Arasu Preethi [R2 & R3] *****

ORDER

The present revision has been filed by the petitioner seeking to quash the order passed in Crl.M.P.No.8808 of 2021 dated 17.11.2021 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that for the very same issue, already there is an arbitration award in favour of the petitioner vide order 15.09.2023 made in Arbitration File No.3 of 2022. Hence, nothing survives for adjudication in this revision.

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3. In view of the above submissions made by the learned counsel appearing for the petitioner, this Criminal Revision Case is dismissed as infructuous. Consequently, connected criminal miscellaneous petition is closed.

15.04.2024 Index : Yes/No Speaking order / Non-speaking order NCC : Yes/No sp To 1.The XIV Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, (Crime), F-3, Nungambakkam Police Station, Chennai - 600 007.

3.The Public Prosecutor, Madras High Court, Chennai. M.DHANDAPANI, J.

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