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Madras High CourtCRL OP/25250/2019dismissed

B.V.L.Ravi v. P.K.Velumani

2019-10-30Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.25250 of 2019 and Crl.M.P No.13462 of 2019 B.V.L Ravi

...Petitioner

Vs P.K.Velumani

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records and set aside the order in Crl.M.P No.3910 of 2019 in S.T.C No.64 of 2017 dated 28.08.2019 passed by the Judicial Magistrate Court (FTC) at Tiruchengode dismissing the recall petition under Section 311 of Cr.P.C.

For Petitioner : Mr.C.Arun Kumar

O R D E R

This Criminal Original Petition is filed challenging the order in Crl.M.P No.3910 of 2019 in S.T.C No.64 of 2017 dated 28.08.2019 passed by the Judicial Magistrate Court (FTC) at Tiruchengode dismissing the recall petition under Section 311 of Cr.P.C.

2. I do not find any infirmity in the finding of the trial Court rejecting the petitioner's application under Section 311 of Cr.P.C since the Court had relied upon the statement of the petitioner that he had missed out certain points in the original cross examination which was conducted on 10.07.2017 and that the due opportunity was already extended to him, which the petitioner had not availed. Hence, no interference is required to the impugned order of rejection.

3. Accordingly, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar 1/4 https://hcservices.ecourts.gov.in/hcservices/

uma TO:

The Judicial Magistrate, Fast Track Court, Tiruchengode.

Crl.O.P.No.25250 of 2019 and Crl.M.P No.13462 of 2019 nr 22/11/2019 2/4 https://hcservices.ecourts.gov.in/hcservices/