Madras High CourtCRL OP(MD)/21734/2023allowed

L.Bhuvanendran v. B.Subramanian

2023-12-04Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.21734 of 2023 L.Bhuvanendran ... Petitioner -Vs- B.Subramanian ... Respondent Prayer :- Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the order of the Learned Judicial Magistrate Court NO.1 (Fast Track Court at Magisterial Level), Madurai in Cr.M.P.No.7150 of 2023 in S.T.C.No.87/2017 dt.25.10.2023 and set aside the same. ORDER:- This Criminal Original Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this Court and upon hearing the arguments of Thiru. A.

Sivasubramanian, Advocate for the Petitioner, this Court made the following order: Learned counsel for the petitioner would submit that because of the nonavailability of P.W.2 and P.W.3, now they are not pressing their petition for cross examination. Hence, the petitioner wants refund of the amount paid before the trial Court for cross examination of the above witnesses.

2. On the basis of the undertaking given by the petitioner, the amount that was deposited by the petitioner, as per the order of this Court, may be refunded to the petitioner, after due acknowledgment by following the proper procedure. An https://www.mhc.tn.gov.in/judis affidavit must be filed by the petitioner before the trial Court by stating the facts.

3. Accordingly, the order dated 04.12.2023 made in Crl.O.P.(MD)No.21734 of 2023, is clarified.

Sd/- Assistant Registrar( CS I ) // True Copy // /03/2024 Sub Assistant Registrar (CS - I/ II / III / IV) pnn TO The Judicial Magistrate No.1 (Fast Track Court at Magisterial Level), Madurai. Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 06/03/2024 ==========================

ORDER

========================== CRL OP(MD). No.21734 of 2023 Giving direction and etc.

as stated within.

SSA (14.03.2024) 2P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. https://www.mhc.tn.gov.in/judis