The Sub Inspector Of Police v. John Wilzon @ Eze Fidelis Ndubuisi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Eighth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL OP(MD)No.6520 of 2023 The Sub Inspector of Police, Cyber Crime Police Station, Thoothukudi, Thoothukudi District.

Crime No.34 of 2022. ... Petitioner/ Respondent Vs 1 John Wilzon @ Eze Fidelis Ndubuisi, ... Respondent/ Petitioner Prayer :- Criminal Miscellaneous Petition filed Under sction 482 Cr.P.C.,to Recall the order dt.10.4.2023 passed in Crl.OP.(MD).No.6520 of 2023 on the file of this Court. Prayer in CRL OP(MD). 6520/ 2023 :

Criminal original petition filed Under Section 439(1)(b)of the Cr.P.C, to modify the condition imposed in paragraph 7 of the order dt.8/3/2023 made in Crl.MPNo.4121/2023 passed by the Judicial Magistrate IV, Thoothukudi. 1/3

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. Thiruvadikumar, Additional Public Prosecutor for the Petitioner and of M/s. Janarth Kumar @ Janath Ahmed B, Advocate for the respondent, this Court made the following order:

"This petition has been filed to recall the order dated 10.04.2023 passed by this Court in Crl.O.P(MD).No.6520 of 2023, thereby modified the conditions imposed by the learned Judicial Magistrate IV, Thoothukudi in Crl.M.P.No.4121 of 2023, that the petitioner shall surrender his passport to the credit of Crime No.34 of 2022 before the learned Judicial Magistrate IV, Thoothukudi.

2. On perusal of records, this Court feels that the recall petition is not maintainable. However, the petitioner is at liberty to file separate petition seeking modification of condition imposed by this Court.

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3. Accordingly, the Criminal miscellaneous petition stands dismissed. "

Sd/- Assistant Registrar( C.O ) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO

1. The Judicial Magistrate IV, Thoothukudi.

2. The Sub Inspector of Police, Cyber Crime Police Station, Thoothukudi, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras high Court, Madurai.

ORDER DATED : 28/02/2024 ==========================

ORDER

========================== in CRL OP(MD)No.6520 of 2023 SI-(06.03.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3