Abdul Rahman v. M.Balasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Second day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD). No.10721 of 2023 in CRL RC(MD)No.428 of 2017 Abdul Rahman ... Petitioner/ Petitioner Vs 1 M.Balasubramanian 2 P.K.Krishnan 3 V.S.Raman ... Respondent/Respondent Prayer CRL MP(MD). No.10721 of 2023:- This Criminal Miscellaneous Petition to Recall the order dated 07.03.2023 of this Honble Court in Crl RC(MD) No.428/2023 to the effect that the liberty granted to petitioner to file a private complaint, would be in respect of same cause of action and that any observations made in the Said order shall not have any impact in such private complaint and pass such further or other orders as this Hon,ble Court may deem fit and proper in the fact and circumstances of the above case.

Prayer CRL RC(MD) No.428 of 2017:- This Criminal Revision Case filed under section 397 (1)R/W 401 of the Criminal Procedure code to call for the records and SET-ASIDE the order dated 17/04/2017 passed in Cr.MP.No.2457 of 2017 on the file of the Learned Judicial Magistrate NOII, Thoothukudi , Thoothukudi District. ORDER:- This Revision/Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and none appeared for the petitioner and Respondents either in person (or) by an Advocate , this Court made the following order:

This petition has been filed to recall the order dated 07.03.2023 passed by this Court in Crl.R.C.(MD).No.428 of 2017.

2.

It is seen from the records, the petitioner filed a petition under Section 156(3) of Cr.P.C., and the same was dismissed by the learned Judicial Magistrate No.II, Thoothukudi. Aggrieved by the said order, the petitioner filed the above criminal revision in Crl.R.C.(MD).No.428 of 2017. Since this Court found no fault in the order passed by the Court below, dismissed the above criminal revision by an order dated 07.03.2023.

3.

This Court finds no error in the order passed by this Court to entertain the present recall petition. Hence, the present miscellaneous petition stands dismissed.

Sd/- Assistant Registrar(CS II) // True Copy // /08/2023 Sub Assistant Registrar(CS) TO JUDICIAL MAGISTRATE NO II, THOOTHUKUDI Hon`ble Mr.Justice G.K.ILANTHIRAIYAN ORDER DATED : 02/08/2023 ==========================

ORDER

========================== CRL MP(MD). No.10721 of 2023 in CRL.RC(MD)No.428 of 2023 Giving direction and etc.

as stated within.

MGJ(21.08.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023