O. Homerlal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4914 of 2014 O.Homerlal ... Petitioner vs.

The State rep.by its Inspector of Police Thuckalay Police Station Kanyakumari District ... Respondent PRAYER: Petition is filed under Section 482 Cr.P.C., to set aside the order passed in C.M.P.No.6659 of 2013 dated 14.02.2014 on the file of the Judicial Magistrate Court, Padmanabhapuram. For Petitioner : Mr.S.C.Herold Singh For Respondent :

Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

For the sake of convenience, the parties will be referred to by their name.

2. Homerlal filed a petition in Crl.M.P.No.6659 of 2013, under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Padmanabhapuram, which has been dismissed for default, on 14.02.2014, challenging which, Homerlal is before this Court.

3. Heard the learned appearing for Homerlal and the learned Additional Public Prosecutor appearing for the State.

4. In the opinion of this Court, it is not necessary to set aside the order dated 14.02.2014, because, it is always open to Homerlal to file a fresh petition, provided, cause of action survives, but of course after truthfully mentioning about the dismissal of the earlier petition on 14.02.2014. https://hcservices.ecourts.gov.in/hcservices/

5. With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To:

1.The Judicial Magistrate, Padmanabhapuram.

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

+1cc to Mr.S.C.Herold Singh, Advocate, SR.No.56444 Crl.O.P.(MD) No.4914 of 2014 25.03.2019 KK/SAR/16.04.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/