S.Manigandan v. R.Velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26193 of 2019 and Crl.M.P.No.14012 of 2019 S.Manigandan

...Petitioner

Vs R.Velmurugan

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to allow the above Criminal Original Petition by setting aside the order dated 10.06.2019 passed in C.M.P.No.1568 of 2019 in C.C.No.1704 of 2015 on the file of the learned Judicial Magistrate No.1, Salem, Salem District and permit the petitioner/ accused to file his objections in C.M.P.No.1568 of 2019 in C.C.No.1704 of 2015. For Petitioner : Mr.D.Balachandran

O R D E R

This petition is filed to set aside the order dated 10.06.2019 passed in C.M.P.No.1568 of 2019 in C.C.No.1704 of 2015 on the file of the learned Judicial Magistrate No.1, Salem, Salem District and permit the petitioner/ accused to file his objections in C.M.P.No.1568 of 2019 in C.C.No.1704 of 2015. 2.The grievance of the petitioner is that he had certain valid objections, which he could not raise before the trial Court to the application made by the complainant, for the purpose of receiving additional documents. The documents, which the complainant intended to mark, was the pro-note allegedly executed by the petitioner herein. Insofar as the objections made by the petitioner are concerned, the trial Court had observed that sufficient opportunities were extended to the petitioner for filling his objections to the respondent's application seeking for permission to receive the additional documents and inspite of the same, such objections were not filed.

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3.It is in this background, the application came to be filed. I do not find any infirmity in the proceedings, since opportunities were admittedly given to the petitioner, which were not availed. It is also seen that the trial had completed and the matter is now posted for pronouncement of Judgment. At this stage, it would not be appropriate for this Court to interfere with the proceedings. Hence, the Criminal Original Petition stands closed. Consequently, connected miscellaneous petition is closed.

hvk/vkr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.1, Salem, Salem District.

2.The Additional Public Prosecutor, High Court of Madras.

+1cc to Mr.D.Balachandran, Advocate, SR.No.83391 Crl.O.P.No.26193 of 2019 Kak(05/11/2019) https://hcservices.ecourts.gov.in/hcservices/