Madras High CourtCRL OP(MD)/9920/2019dismissed as infructuous

Sivakumar v. Kumar

2021-11-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9920 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9920 of 2019 and Crl.MP(MD)No.6278 of 2019 Sivakumar : Petitioner Vs.

Kumar : Respondent Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records and set aside the order passed by the learned Judicial Magistrate No.II, Trichy, in Cr.M.P No.644 of 2019 in CC No.230 of 2017, dated 09.04.2019 in respect of dismissing the petition filed by the petitioner under Section 311 of Cr.P.C.

For Petitioner : No appearance For Respondent : Mr.A.Chandrakumar

O R D E R

This petition has been filed seeking an order to set aside the order that has been passed by the trial court in Cr.M.P No.644 of 2019 in CC No.230 of 2017, dated 09/04/2019, dismissing the petition filed by the petitioner under section 311 of Cr.P.C. 2.When the matter was taken up for hearing, on 26/11/2021, the learned counsel appearing for the petitioner would submit that for the purpose of proving the compromise that has been reached, the petitioner filed a petition to examine them. That petition came to be dismissed.

3.Today when the matter is called, there is no representation for the petitioner. The learned counsel appearing for the respondent would submit that the trial process is completed before the trial court and the case is ended in conviction on 29.09.2021, hence, nothing survives in this petition.

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Crl.O.P.(MD)No.9920 of 2019 4.In view of the above fact, this criminal original petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) er 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.2, Trichy.

Crl.OP(MD)No.9920 of 2019 30.11.2021 RK(15/12/2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2