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Madras High CourtCRL OP(MD)/11495/2017closed

Shanmugasundaram, v. Rajasekaran,

2019-11-22Honourable Mr Justice N. Anand Venkatesh2 pages

CRL.O.P(MD)No.11495 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P(MD)No.11495 of 2017 and CrL.M.P(MD)Nos.7896 and 7897 of 2017 Shanmugasundaram

...Petitioner

Vs.

Rajasekaran

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the criminal case in C.M.P.No.3882 of 2016, on the file of the Judicial Magistrate No.II, Kulithalai and to quash the same. For Petitioner : Mr.J.Anandkumar For Respondent : Mr.RM.Sivakumar

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.M.P.No.3882 of 2016, on the file of the Judicial Magistrate No.II, Kulithalai.

2.This Court passes the following order on 1.11.2019, which is extracted hereunder:

''The learned counsel appearing on either side are directed to ascertain whether any cognizance of the complaint was taken, since it is seen that only C.M.P has been numbered and the main C.C has not been numbered. 2.Even the summons does not reflect the offence, for which the Court below has taken cognizance.

3.Post this case on 08.11.2019.''

3.It is represented that the complaint was taken on file in C.C.No.83 of 2017.

4.In view of the above, this Criminal Original Petition is closed by granting liberty to the Petitioner to challenge the proceedings in C.C.No.83 of 2017 and work out his remedy in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.11495 of 2017 accordance with law. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) vsn To The Judicial Magistrate No.II, Kulithalai.

+1 CC to M/s.J. ANANDKUMAR, Advocate ( SR-100879[F] dated 25/11/2019 CRL.O.P(MD)No.11495 of 2017 and CrL.M.P(MD)Nos.7896 and 22.11.2019 JMN(09.12.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2