Madras High CourtCRL RC(MD)/302/2021dismissed

Ganesan v. Nainamohammed

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.302 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.302 of 2021 and Crl.M.P(MD)No.2988 of 2021 1.Ganesan 2.Meenal 3.Rajamanickam 4.Balu @ Balasubramanian 5.Subbaiah s/o.Govindan Chettiyar 6.Subbaiah S/o.Ganesan ... Revision Petitioners/Respondent/ Accused Vs.

Nainamohamed ... Respondent/Petitioner/Complainant Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to set aside the order dated 18.01.2021 in Cr.M.P.No.2288/2020 in C.C.No. 23/2016, on the file of the Judicial Magistrate Court, Aranthangi, Pudukkottai District and acquit the accused/revision petitioners by allowing the present revision petition.

For Petitioners : Mr.K.Baalasundharam For Respondent : Mr.B.Saravanan

ORDER

The Criminal revision petition has been filed seeking to set aside the order passed in Cr.M.P.No.2288/2020 in C.C.No. 23/2016, on the file of the Judicial Magistrate Court, Aranthangi, Pudukkottai District.

2.The learned counsel appearing for the petitioners would submit that the petitioners are the accused persons in a private https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.302 of 2021 complaint filed by the respondent and the same had been taken cognizance in C.C.No.23/2016. After the examination of PW1 and PW2 on the side of the petitioners, the respondent filed a petition to recall the evidence of PW1 to mark the original documents as Exs.P1 to P5. Since Exs.P1 to P5 are certified copies, which are already marked and as such, there is absolutely no necessity to mark the original documents of the same.

3.On perusal of the records revealed that the Exs.P1 to P5 are marked as certified copies and marking the original Exs.P1 to P5 would not cause any prejudice to the petitioners. 4.In view of the above, the Court below has rightly allowed the petition in Cr.M.P.No.2288/2020 in C.C.No. 23/2016 and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, the criminal revision petition is dismissed. However, the trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of the order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To Judicial Magistrate Court, Aranthangi, Pudukkottai District +1 CC to M/s.B. SARAVANAN, Advocate ( SR-21985[F] dated 28/04/2022 ) Crl.R.C.(MD)No.302 of 2021 27.04.2022 nsn(CO) TR(24.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2