Madras High CourtCRL OP(MD)/18097/2021dismissed

Murugan@Ice Murugan v. The Inspector Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18097 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18097 of 2021 1.Murugan @ Ice Murugan 2.Saravananan ... Petitioner/Accused Nos.1 & 2 vs.

State Rep. by The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

Crime No.119 of 2015

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the order passed in Crl.M.P.No.481 of 2020 dated 27.01.2021 on the file of the Chief Judicial Magistrate, Pudukkottai.

For Petitioners : Mr.K.G.Arun Kumar For Respondent : Mr.M.Veeranthiran Government Advocate

O R D E R

The petitioners are figuring as accused in S.C.No.133 of 2016 on the file of the Chief Judicial Magistrate, Pudukkottai. The prosecution filed Cr.M.P.No.481 of 2020 for recall of certain witnesses. The trial Judge had allowed the said petition vide order dated 27.01.2021. In the said order, it has been observed that during the relevant time, the concerned Government counsel was unwell and had omitted to mark certain material documents. In the interest of justice, the recall petition had been allowed. It is a discretionary order. It has not been shown that the trial Court had exercised its discretion in a perverse manner. I do not want to go into the merits of the matter. This Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18097 of 2021 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 Chief Judicial Magistrate, Pudukkottai. 2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.18097 of 2021 19.11.2021 RK(04/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2