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Madras High CourtCRL OP/27008/2019dismissed

A.G.Shanmugam v. P.K.Devaraj

2019-10-14Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27008 of 2019 A.G.Shanmugam

...Petitioner

Vs P.K.Devaraj

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the order dated 21.08.2019 passed against Crl.M.P.No.9740 of 2019 in S.T.C.No.983 of 2011 by the Learned Judicial Magistrate - II, Erode.

For Petitioner : Mr.P.Prince Premkumar

O R D E R

This Criminal Original Petition has been filed seeking to call for the records pertaining to the order dated 21.08.2019 passed against Crl.M.P.No.9740 of 2019 in S.T.C.No.983 of 2011 by the Learned Judicial Magistrate - II, Erode.

2. I do not find any infirmity in the order of the Court below rejecting the petitioner's application under Section 311 Cr.P.C., since the petitioner herein was already granted three opportunities to cross examine. When the petitioner had not availed those three opportunities, the Trial Court was justified in rejecting the application by imposing costs. Hence, there are no merits in the present petition.

3. Accordingly, the Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

jas/hvk To 1.The Judicial Magistrate - II, Erode.

2.-Do- Thro The Chief Judicial Magistrate, Erode.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Prince Premkumar, Advocate Sr.86319 Crl.O.P.No.27008 of 2019 ss[co] srg 12/11/2019 https://hcservices.ecourts.gov.in/hcservices/