Muruganandam v. K.S.Chellappa
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Wednesday, the Fourth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL OP(MD).NO.18735 OF 2016 Muruganandam S/o.Pichaiah Inspector of Police, Puliyarai Police Station, Senkottai Taluk Thirunelveli District.
... Petitioner/Petitioner Vs K.S.Chellappa ... Respondent/Respondent Prayer :- Criminal Miscellaneous Petition Under Section 482 of CR.P.C to recall the order passed by this Honble Court in Crl.O.P.(MD)No.18735 of 2016 on 14.10.2020 and thus render justice.
Prayer in CRL OP(MD). 18735/ 2016 :
To call the records in C.C.No.159 of 2012 on the file of Judicial Magistrate, Senkottai and Quash the same.
1/4
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. S.Veeraraghavan, Advocate for the Petitioner and of M/s.K.K.Udayakumar for Mr.H.Arumugam, Advocate for the respondent, this Court made the following order:
The petitioner filed this petition to recall the order passed by this Court in Crl.O.P.No.18735 of 2016 dated 14.10.2020, thereby dismissed the petition filed by the petitioner to quash the proceedings in C.C.No.159 of 2012 on the file of the Judicial Magistrate, Senkottai.
2.
The respondent herein filed a private complaint as against the petitioner in C.C.No.159 of 2012 for the offences under Sections 341, 323, 284(b), 506(i) and Section 3(1)(x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and Section 4 of the Prohibition of Harassment of Women Act, 1998. Hence, the petitioner filed quash petition in Crl.O.P.No.18735 of 2016 and the same was dismissed by this Court by an order dated 14.10.2020. Aggrieved by the same, the petitioner filed an appeal before the Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) Nos.1584 of 2021. The Hon'ble Supreme Court of India by an 2/4
order dated 09.01.2023, dismissed the same as withdrawn with liberty to file a review petition before this Court and also granted an interim order of stay till the disposal of the review petition.
3.
Considering the above facts and circumstances, the order dated 14.10.2020, passed by this Court in Crl.O.P.No.18735 of 2016, is hereby recalled. Registry is directed to post the criminal original petition before the regular Court. 4.
Accordingly, the Criminal Miscellaneous Petition stands allowed. Sd/- Assistant Registrar (CS-I) // True Copy // /10/2023 Sub Assistant Registrar(CS) TO
1. The Judicial Magistrate, Senkottai.
2. The Section officer, Criminal Records, Madurai Bench Of Madras High Court, Madurai.
+1 CC to M/s.K.KEVINKARAN, Advocate ( SR-14702[I] dated 05/10/2023 ) 3/4
ORDER DATED : 04/10/2023 ========================== RECAll THE ORDER ========================== in CRL OP(MD).NO.18735 OF 2016 Giving direction and etc.
as stated within.
RD(26/10/2023) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4