G.Senthilkumar v. M.Gunasekaran

Crl.M.P. No.1950 of 2023 in Crl.O.P. No.6194 of 2021 R.N.MANJULA, J.

This petition is filed to recall the order dated 13.09.2022 passed in Crl.O.P.No.6194/2021.

2. The above Criminal Original Petition has been filed to quash the FIR in Cr. No.82 of 2021. This Court vide order dated 13.09.2022 had dismissed the petition as infructuous. In the said order it has been observed that a counter case in Cr.No.83 of 2021 has been culminated into a civil suit and charge sheet has also been filed. Instead of mentioning that the civil suit is filed before the District Court, Dharmapuri, due to some clerical error, it has been mentioned as Judicial Magistrate Court, Palacode, Dharmapuri and the case in Cr.No.82 of 2021 is still pending. Neither charge sheet was referred nor action was dropped. In these circumstances, the order that has been passed on 13.09.2022 in Crl.O.P.No.6194/2021 cannot have any consequences upon the case in Cr.No.82 of 2021, for which the relief is sought. In so far as Cr.No.83 of 2021 is concerned, it has been culminated into C.C.No.147 of 2021 on the file of the Judicial Magistrate, Palacode, Dharmapuri District.

3. In view of the above stated reasons, this Criminal Miscellaneous Petition is ordered and the order dated 13.09.2022 in Crl.O.P. No.6194 of 2021 is recalled.

4. Registry is directed to list Crl.O.P. No.6194 of 2021 on 21.02.2023.

15.02.2023 bkn

R.N.MANJULA, J.

bkn Crl.M.P. No.1950 of 2023 in Crl.O.P. No.6194 of 2021 15.02.2023