Kalaiselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.17673 of 2023 IN CRL OP(MD) No.18244 of 2023 1 KALAISELVI ... Petitioner/2nd Respondent Vs 1 THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

... 1st Respondent/ 1st Respondent 2 KUBERAN 3 PALANISAMY ...2 & 3 Respondents/ Petitioners Prayer:This Criminal Miscellaneous Petition is filed under section 482 of the Cr.P.C., to recall the order passed in Crl OP(MD) No.18244/2023 dated 12.10.2023 on the file of this Honble Court Prayer in CRL OP(MD). 18244/ 2023 :

This Criminal Original petition has been filed under section 482 of Cr.P.C. praying this court to call for the records relating to the Impugned FIR In Crime no.866 of 2014 dated 17.12.2014 on the file of the 1st Respondent Police and Quash the same as illegal.

Order : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.ANANDA KUMAR, Advocate for the petitioner and of Mr.M.Vaikkam Karunanidhi, Government Advocate(Criminal Side) for the 1st Respondent and

Mr.P.Senguttuvarasan, Advocate for the 2 & 3rd respondents,this court made the following order:- While passing the order, it was not brought to the notice of this Court that the offence was altered into 306 of IPC. In view of the above said factual mistake that has been committed by this Court, the order of dismissal passed by this Court on 12.10.2023 in Crl.O.P.(MD).No.18244 of 2023, is Recalled and the above said original petition is restored to the file. Registry is directed to list the above said original petition before the concerned Roster Bench for fresh disposal on merits. 2.This petition is ordered accordingly.

sd/- Sd/- Assistant Registrar(CS II) // True Copy // /02/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.

Copy to:

The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai.

(For Posting CRl OP)

ORDER DATED: 16/02/2024 ----------------------------------------

ORDER

---------------------------------------- CRL MP(MD) No.17673 of 2023 IN CRL OP(MD) No.18244 of 2023 Giving direction and etc.

as stated within.

MGJ(27.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023