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Madras High CourtCRL OP(MD)/16961/2021dismissed

M.Thangaraj v. The Food Safety Officer

2021-11-01Honourable Mr Justice G.Ilangovan2 pages

CRL.OP(MD)Nos.16961 & 16963 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.16961 & 16963 of 2021 M.Thangaraj ... Petitioner/Petitioner/Accused in both Crl.O.Ps Vs.

State Rep by The Food Safety Officer, Code No.198, Kallal & Thiruppathur Block, Sivagangai District.

...Respondent/Respondent/Complainant

in both Crl.O.Ps Prayer in Crl.OP(MD) No.16961 of 2021 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order dated 07.10.2021 passed by the District Munsif cum Judicial Magistrate, Thiruppattur in C.A.No.107 of 2021, in S.T.C.No.1177 of 2019 and direct the District Munsif cum Judicial Magistrate, Thiruppattur to furnish the copy of the complaint and the documents listed out in the complaint in S.T.C.No.1177 of 2019 to the petitioner.

Prayer in Crl.OP(MD) No.16963 of 2021 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order dated 07.10.2021 passed by the District Munsif cum Judicial Magistrate, Thiruppattur in C.A.No.108 of 2021, in S.T.C.No.1176 of 2019 and direct the District Munsif cum Judicial Magistrate, Thiruppattur to furnish the copy of the complaint and the documents listed out in the complaint in S.T.C.No.1176 of 2019 to the petitioner.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor (in both Crl.O.Ps) COMMON ORDER These Criminal Original petitions have been filed to set aside the order passed by the trial Court in rejecting the copy application filed by the petitioner.

2.The learned counsel for the petitioner would submit that instead of mentioning complaint copy, it has been wrongly mentioned as plaint copy. Taking note of the above defect, it came to be dismissed in entirety, even though Exs.P.1 to P 20 marked on the side of the prosecution, are available on records. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.OP(MD)Nos.16961 & 16963 of 2021 3.Let fresh copy application be filed before the concerned Court by setting out the correct particulars of the documents that sought to be issued, with certified copies.

4.In view of the above, question of setting aside the order of the trial Court may not be proper. With the above observation, these Criminal Original petitions are dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Thiruppathur, Sivaganga District.

2.The Food Safety Officer, Code No.198, Kallal & Thiruppathur Block, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Common order made in Crl.O.P.(MD)Nos.16961 & 16963 of 2021 01.11.2021 NA(CO) GC/PM(17.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2