Madras High CourtCRL RC(MD)/63/2017disposed of

Pattabi Jeyaraman v. Amar Singh

2017-02-01Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE B.GOKULDAS CRL.RC(MD)No.63 of 2017 and CRL.MP(MD)No.616 of2017 Pattabi Jeyaraman ... Petitioner vs.

Amar Singh ... Respondent Petition filed under Section 397(1) r/w 401 of Cr.P.C, to call for the records and set aside the order passed in Cr.M.P.No.3173 of 2016 dated 24.05.2016 on the file of the Learned Judicial Magistrate (Fast Track No.I) Madurai in S.T.C.No.1430 of 2012 on the file of the Learned Judicial Magistrate (Fast Track No.I), Madurai.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondent : Mr.G.Thiruvarul Selvam

ORDER

The order dated 24.05.2016 passed in S.T.C.No.1430 of 2012 by the Judicial Magistrate No.I, Madurai, is as follows:- ''Complainant Present. Accused not present. 317 petition filed and allowed.

Though sufficient opportunity given for accused side, Accused side not turned up for defence side evidence. Hence defence evidence closed. For argument Call on 4.6.16.'' Against the said order, the petitioner has filed this revision petition to set aside the same.

2.Heard the learned counsel on either side.

3.In the facts and circumstances, perusing the impugned order and the materials on record and also on the concept of fair trial, the impugned order dated 24.05.2016 is set aside and this Criminal Revision Petition is disposed of with a direction to the trial Court to re-open the defence side witnesses and examine the accused as defence witnesses and also examine further witnesses on the defence side and to dispose of the matter within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, CRL.MP(MD)No.616 of 2017 is closed. Sd/- Assistant Registrar(C) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Judicial Magistrate, Fast Track No.I, Madurai.

2.-do-throu'Chief Judicial Magistrate, Madurai.

+1cc to Mr.A.K.Azagarsami, SR.No:5736 nbi AE/JM/15.02.2017/2P/4C CRL.RC(MD)No.63 of 2017 01.02.2017 https://hcservices.ecourts.gov.in/hcservices/