Allowed

Mercury Agency v. Selvaraj

Madras HC17 Nov 2017CRL OP(MD)/9163/2011

Case brief

AI extract

What is this about?

The Madurai Bench allowed the criminal original petition under Section 482 Cr.P.C., setting aside the lower court's dismissal of a recall petition. The High Court directed the lower court to recall the petitioner to mark documents, permitting cross-examination. Evidence is to be recorded on 28.11.2017.

What did the court decide?

Order of 09.04.2011 set aside; petitioner to be recalled to mark documents; evidence to be recorded on 28.11.2017 with liberty for cross-examination.

Mercury Agency Vs Selvaraj — Criminal Trial and Appeal | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.11.2017

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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Crl.O.P.(MD)No.9163 of 2011 and M.P.(MD)No.1 of 2011

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Mercury Agency, rep. by its Manager, Ramachandran, No.180-C, Town Hall Road, Kumbakonam, Thanjavur District. ... Petitioner

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Vs.

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Selvaraj ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records from the Lower Court and to set aside the order passed in Cr.M.P.No.2720 of 2010, dated 09.04.2011 in S.T.C.No.2873 of 2007 on the file of the learned Judicial Magistrate, Kumbakonam, Thanjavur District by allowing this Criminal Original Petition.

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For Petitioner : Mr.K.K.Ramakrishnan For Respondent : Mr.A.Thiruvadi Kumar

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ORDER

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The petitioner has filed in Cr.M.P.No.2720 of 2010 in S.T.C.No.2873 of 2007 before the learned Judicial Magistrate, Kumbakonam, Thanjavur Distirct, dated 09.04.2011, under Section 311 of Cr.P.C. to recall him for marking certain documents. After contest, the said petition was dismissed by the learned Judicial Magistrate, Kumbakonam, Thanjavur Distirct, on 09.04.2011. Against which, this criminal original petition is filed.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The learned counsel appearing for the respondent submitted that the respondent has no objection for recalling the

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petitioner / complainant to mark certain documents with liberty to the respondent to cross-examine the witnesses.

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3.Recording the above said submission, the criminal

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original petition is allowed and the order dated 09.04.2011 made in Cr.M.P.No.2720 of 2010 in S.T.C.No.2873 of 2007 is set aside. The learned Judicial Magistrate, Kumbakonam, Thanjavur District is directed to recall the petitioners/complainant and allow him to mark the documents. The learned Judicial Magistrate is also directed to take evidence on 28.11.2017. The respondent/accused is permitted to cross-examine the witnesses. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is allowed.

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Sd/-

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Assistant Registrar(CSIII) /True Copy/

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Sub-Assistant Registrar

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1.The Judicial Magistrate, Kumbakonam,

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2.The Chief Judicial Magistrate, Thanjavur District at Kumbakonam +One cc to M/s.KK.Ramakrishnan, Advocate, SR.No.87909 +One cc to Mr.A.Thiruvadikumar, Advocate, SR.No.88024

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rmi

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RL/5C/2P/SKN/RSK/SAR3/23/11/2017

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Crl.O.P.(MD)No.9163	of	2011
		and
M.P.(MD)No.1	of	2011
17	.11	.2017

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https://hcservices.ecourts.gov.in/hcservices/

Mercury Agency v. Selvaraj

Case brief

What is this about?

What did the court decide?

Mercury Agency v. Selvaraj

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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