The Court dismissed a Crl.O.P. filed to trace a missing bundle in a lower court file, holding that such a prayer could not be considered directly and directing the petitioner to approach the concerned Magistrate for the relief.
Petitioner directed to approach the concerned Magistrate for the sought relief.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.11749 of 2016
M.Angulakshmi, ... Petitioner
Vs. 1. M/s.N.S.Rathnam and Sons, Represented by its Partner, R.Chandrasekaran, Head Office;No.32/34, V.N.Doss Road, Border Thottam, Mount Road, Chennai-600 002. Branch Office; No.291, MTH Road, Avadi, Chennai-600 054. 2. R.Chandrasekaran, S/o.N.S.Rathinam Chettiar, Partner, M/s.N.S.Rathnam and Sons. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to trace out the missing bundle in the Calendar case No.5518 of 2014. For Petitioner : Mr.J.Chandran Sundar Sashikumar For Respondents : No appearance ****** O R D E R
This Petition has been filed to trace out the missing bundle in the Calendar Case No.5518 of 2014, pending on the file of the III Metropolitan Magistrate, Fast Track Court, Saidapet, Chennai.
2.Heard the learned counsel for the petitioner.
3.The prayer sought for in this petition cannot be considered. However, the petitioner is at liberty to approach the concerned Magistrate, for the relief sought for in this petition.
4.With the above direction, this Criminal Original Petition is dismissed.
Sd/-
Assistant Registrar (Insp.Cell)
//True Copy//
Sub Assistant Registrar
rm/rri
To
The III Metropolitan Magistrate,
Fast Track Court,
Saidapet,
Chennai
CRL.O.P.No.11749 of 2016
RK(CO)
SSM(29/04/2019)
1 issue framed by the court
Whether a High Court can entertain a petition to trace missing documents from a lower court's file.
M.Angulakshmi
M/s.N.S.Rathnam and Sons
R.Chandrasekaran
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
