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Madras High CourtCRL RC(MD)/1060/2024disposed of

M.Vellaisamy v. The State Of Tamil Nadu

2024-10-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Vellaisamy ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Tricy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Vazhlanadu Police Station, Vazhanadu, Trichy District.

4.Ramachandran @ Chadramohan 5.Vignesh 6.Rajaram ... Respondents PRAYER : Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to set aside the order vide Cr.M.P.No.3247 of 2024 dated 07.10.2024 on the file of the learned Judicial Magistrate, Manapparai, Trichy District.

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For Petitioner : Mr.M.Vellaisamy (Party-in-person) For R1 to R3 : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)

ORDER

This criminal revision case is directed against the order passed in Cr.M.P.No. 3247 of 2024 dated 07.10.2024 on the file of the learned Judicial Magistrate, Manapparai, Trichy District dismissing the petition filed under Section 156(3) Cr.P.C. 2.Heard the petitioner, who appeared in person and the learned Government Advocate(Crl.side) appearing for the official respondents. 3.It is seen from the records that the learned Magistrate by observing that the petitioner has not filed an affidavit as per law and hence, the petitioner was ordered to be dismissed. 4.The petitioner would submit that he has filed the affidavit through E.Filing, but, without noticing the same, the impugned order came to be passed.

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5.Whatever it is the petitioner is directed to file a fresh affidavit before the concerned Court and on receipt of such affidavit, the learned Judicial Magistrate, Manapparai, Trichy District is directed to proceed with enquiry and pass orders, in accordance with law. 6.With the above directions, this criminal revision case is disposed of.

29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To 1.The Superintendent of Police, Trichy District, Tricy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Vazhlanadu Police Station, Vazhanadu, Trichy District.

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

K.MURALI SHANKAR,J.

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gns 29.10.2024 4/4