Madras High CourtCRL OP(MD)/17543/2019dismissed for default

G.K.R. Tex v. M. Sethu Ramachandran

2022-03-18Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.17543 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17543 of 2019 and Crl.M.P(MD) No.10401 of 2019

1. G.K.R.Tex 23/2, Anna 2nd Street, Villapuram, Madurai - 12.

2. G.K.Rajendran ... Petitioners Vs.

M. Sethu Ramachandran Through his Power Agent Sethupathi Rajan, 102, Main Road, Avaniyapuram, Madurai - 12.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and set-aside the order passed by the learned IV Additional District & Sessions Judge, Madurai in Crl.R.C.No.42 of 2017, dated 27.11.2018 by confirming the order passed by the learned Judicial Magistrate No.II, (Fast Track Court, Judicial Magistrate Level) Madurai in Cr.M.P(No.2226 of 2017, dated 06.09.2017 by allowing this petition. For Petitioners : No Appearance For Respondent : Mr.A.Jeyaram

ORDER

This Criminal Original Petition has been filed to set-aside the order passed by the learned IV Additional District & Sessions Judge, Madurai, in Crl.R.C.No.42 of 2017, dated 27.11.2018 by confirming the order passed by the learned Judicial Magistrate No.II, (Fast Track Court, Judicial Magistrate Level) Madurai, in Cr.M.P.No.2226 of 2017, dated 06.09.2017.

2.The learned counsel for the respondent would submit that since the revision petition in Crl.R.C.No.42 of 2017 was filed under Section 397 Cr.P.C before the learned IV Additional District and Sessions Judge, Madurai, and the same was dismissed, a petition cannot be filed under Section 482 Cr.P.C before this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17543 of 2019 challenging the order passed in the Criminal Revision Petition. Therefore, this Criminal Original Petition is not maintainable.

3. When the matter was taken up for hearing, there was no representation for the petitioners on 17.02.2022 and 01.03.2022 respectively. Hence the matter was posted on 18.03.2022 under the caption "for final disposal". Even today there is no representation for the petitioners.

4. Therefore, this Criminal Original Petition is dismissed for default. Consequently the connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Ebsi 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 IV Additional District & Sessions Judge, Madurai.

2.The Judicial Magistrate No.II, Fast Track Court, (Judicial Magistrate Level) Madurai.

+1 CC to M/s.A.JEYARAM, Advocate ( SR-13575[F] dated 22/03/2022 ) Crl.O.P.(MD)No.17543 of 2019 and Crl.M.P(MD) No.10401 of 2019 18.03.2022 sg(CO) GC(07.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2