Madras High CourtCRL OP(MD)/1387/2019dismissed as infructuous

C.K.Ganesan, v. Muthukalai,

2021-12-03Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.1387 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.1387 of 2019 C.K.Ganesan ... Petitioner Vs.

Muthukalai ... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the order passed by the learned Judicial Magistrate No.IV, Trichy in C.C.No.57 of 2005 dated 03.12.2018 upon the unnumbered memo filed by the petitioner.

For Petitioner : Mr.K.Sivabalan For Respondent : Mr.T.Balakrishnan

ORDER

This criminal original petition has been filed to set aside the order passed by the learned Judicial Magistrate No.IV, Trichy in C.C.No.57 of 2005 dated 03.12.2018 upon the unnumbered memo filed by the petitioner.

2.When the matter was taken up for hearing on 10.11.2021, this Court directed the Registry to get a report from the learned Judicial Magistrate No.IV, Trichy as to the state of the case in C.C.No.57 of 2005. A report was sent by the Court below stating that after full trial, the petitioner was convicted on 05.08.2019, against which, the petitioner preferred an appeal in Crl.A.No.128 of 2019 and the complainant also preferred cross appeal in Crl.A.No.144 of 2019 before the learned I Additional District and Sessions Judge (PCR), Trichirappalli. The appeal filed by the petitioner was allowed and the conviction was set aside. The cross appeal filed by the complainant was dismissed.

3.In view of the report received from the Court below, nothing survives in this petition for further adjudication. Therefore, this criminal original petition is dismissed as infructuous. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Gns https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1387 of 2019 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 The Judicial Magistrate No.IV, Trichy.

Crl.O.P.(MD)No.1387 of 2019 03.12.2021 RD(15.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2