Madras High CourtCRL OP(MD)/16225/2016dismissed

K.Syed Mohmed v. S.Sithumurugan

2018-10-23Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16225 of 2016 and Crl.M.P(MD)Nos.7890 and 7891 of 2016 K.Syed Mohmed : Petitioner Vs.

S.Sithumurugan : Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the proceedings in S.T.C.No.19 of 2016 on the file of the learned Judicial Magistrate No.II, (Fast Track Court at Magistrate Level) Madurai and quash the same.

For Petitioner : Mr.R.Anand For Respondent : No Appearance

ORDER

This Criminal Original Petition has been filed to call for the entire records pertaining to the proceedings in S.T.C.No.19 of 2016 on the file of the learned Judicial Magistrate No.II, (Fast Track Court at Magistrate Level) Madurai and quash the same.

2. The learned counsel for the petitioner would submit that the case has already reached the stage of passing final orders and the trial is also over.

3.In view of the same, this Court cannot pass any orders in this Criminal Original Petition and it is left open to the petitioner to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law.

4.The learned counsel for the petitioner would further submit that the presence of the petitioner shall be dispensed with. 5.In view of the fact that this case is at the stage of passing final order, the petitioner is directed to be present before the court below at the time of passing of the judgment. 6.In the result, this Criminal Original Petition is dismissed with the above direction. Consequently, connected miscellaneous petitions are closed.

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Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar(cs-III) To 1.The Judicial Magistrate No.II, (Fast Track Court at Magistrate Level) Madurai.

Crl.O.P.[MD].No.16225 of 2016 and Crl.M.P(MD)Nos.7890 and 7891 of 2016 23.10.2018 DAS NM SV SAR3 28.11.2018 2P 2C https://hcservices.ecourts.gov.in/hcservices/