Madras High CourtCRL OP(MD)/8446/2017dismissed

Veeramani v. Gomathi

2017-07-06Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Crl.O.P.(MD).Nos.8446 & 8447 of 2017 and Crl.MP.(MD).Nos.5710 & 5711 of 2017 1.Veeramani 2.M.Nallathambi 3.Kala 4.M.Pitchaimuthu ... Petitioners/Petitioners/Respondents in both petitions Vs.

Gomathi ... Respondent/Respondent/ Petitioner in both petitions COMMON PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C. to set aside the order dated 19.05.2017 made in C.M.P.Nos.1719/2011 and 1720/2011 in D.V.P.No.24/2012 on the file of the learned Judicial Magistrate No.I, Karur, Karur District and allow the above criminal original petitions.

For Petitioners : Mr.M.Bindran For Respondent : No Appearance COMMON ORDER The petitioners filed these petitions to set aside the order, dated 19.05.2017 made in C.M.P.Nos.1719/2011 and 1720/2011 filed to recall PW1 and PW2, in D.V.P.No.24/2012 on the file of the learned Judicial Magistrate No.I, Karur, Karur District.

2. Heard the learned counsel for the petitioners and perused the records available.

3.The petitions filed by the petitioners to recall PW1 and PW2 for cross examination and reopen the case were allowed on condition that the petitioner pay a sum of Rs.3000/- as cost to the respondent on or before 08.06.2017. It is only against the condition by which the petitioner was directed to pay Rs.3000/- the present petition is filed.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the fact that the case was filed in the year 2012 and after considering the delay occurred in filing the said

petitions, the same were allowed imposing cost of Rs.3000/-. This Court finds no error in the order and this Court is not inclined to interfere with the order passed by the Court below. Hence, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The Judical Magistrate No.I, Karur, Karur District

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

+1 CC to M/s.M.BINDRAN, Advocate, SR No. 63807. DAS/PJL PSM/SV/SAR2/20.07.2017/2P/4C Crl.O.P.(MD).Nos.8446 & 8447 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/