Madras High CourtCRL OP(MD)/3592/2019dismissed as infructuous

Bharathiraja, v. P.Prabhu,

2021-12-14Honourable Mr Justice K.Murali Shankar2 pages

CRL.O.P.(MD).No.3592 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.O.P.(MD).No.3592 of 2019 and CRL.MP.(MD)Nos.2056 and 2057 of 2019 Bharathiraja : Petitioner/Sole Accused Vs.

P.Prabhu : Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the case in S.T.C.No.18 of 2019 on the file of the learned Judicial Magistrate Fast Track Court, Magisterial Level, Pattukottai and quash the same as illegal. For Petitioner : Mr.D.Senthil Kumar For Respondent : Mr.B.Jameel Arasu

ORDER

The Criminal Original Petition is filed seeking orders to quash the case in S.T.C.No.18 of 2019 on the file of the Judicial Magistrate Fast Track Court, Magisterial Level, Pattukottai.

2. When the matter was taken up for hearing on 08.12.2021, the learned counsel for the petitioner submitted that the case in S.T.C.No.18 of 2019, itself has already dismissed for default and the learned counsel for the petitioner sought time to produce the copy of the order.

3.Today (i.e.14.12.2021) when the matter is taken up for hearing, the learned counsel for the petitioner has filed a copy of the judgment passed in S.T.C.No.18 of 2019, dated 20.06.2019, whereunder, the learned Magistrate has dismissed the complaint for non-appearance of the complainant and for non payment of process fee under Sections 256(i) and 204(4) Cr.P.C and the accused was ordered to be acquitted.

4. Recording the above, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) das https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.3592 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 1.The Judicial Magistrate,Fast Track Court, Magisterial Level,Pattukottai +1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-38723[F] dated 15/12/2021 ) CRL.O.P.(MD).No.3592 of 2019 and CRL.MP.(MD)Nos.2056 and 2057 of 2019 14.12.2021 MGJ(29.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2