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Madras High CourtCRL OP(MD)/20072/2022disposed of

Ahamad Haja v. The Inspector Of Police

2022-11-23Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.20072 of 2022 Ahamad Haja

...Petitioner

-vs1.State represented by its Inspector of Police, Adhiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

2.Syed Shalahudeen

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records of the docket order in Cr.M.P.No.1617 of 2022, dated 01.06.2022 passed by the learned Judicial Magistrate, Pattukottai, Thanjavur District and to set aside the same as cognizance distinct the Judicial Magistrate to proceed with the Petition under Section 156(3) of Criminal Procedure Code instead of under Section 200 of Criminal Procedure Code. For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor **** 1/4

O R D E R

The learned Counsel for the Petitioner submitted that this Petition had been filed seeking for a direction against the learned Judicial Magistrate to set right the defect in the docket order in Cr.M.P.No.1617 of 2022, dated 01.06.2022 passed by the learned Judicial Magistrate, Pattukottai, Thanjavur District and to set aside the same.

2.In the light of the submission made by the learned Counsel for the Petitioner, the docket order in Cr.M.P.No.1617 of 2022, dated 01.06.2022 passed by the learned Judicial Magistrate, Pattukottai, Thanjavur District, is set aside. The learned Judicial Magistrate, Pattukottai, Thanjavur District, is directed to peruse the records and pass appropriate orders in accordance with law. Accordingly, this Petition is allowed.

23.11.2022 Index:Yes/No cmr 2/4

To 1.The Judicial Magistrate, Pattukottai, Thanjavur District. 2.The Inspector of Police, Adhiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.20072 of 2022 23.11.2022 4/4