The Madurai Bench recalled an earlier order quashing the charge sheet. The court observed that the compromise was allegedly entered into without the petitioner's knowledge or consent, prompting the recall.
The order dated 01.04.2022 in Crl.O.P.(MD)No.6101 of 2022 was recalled; the matter directed to be posted before the regular court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL MP(MD). No.8054 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction
Wednesday,the Twentieth day of July Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL MP(MD). No.8054 of 2022 in CRL.OP No.6101 of 2022
Navaskhan ... Petitioner/2nd Victim Witness
Vs
1.Sathik Batcha
2.Noor Mohmed
...Respondents/Petitioners/Accused No.2 &3 3.The Inspector of Police District Crime Branch, Ramanathapuram, Ramanathapuram District.
... Respondent/1st Respondent/Complainant 4 Thowlath Nooriya @ Thowlath Nisha
... Respondent/2nd Respondent/Defacto Complainant
Prayer :-
This Criminal Miscellaneous petition filed under section 482 of Criminal Procedure code, to recall order passed by this Hon'ble Court in Crl.OP.(MD).No.6101 of 2022 dt.1.4.2022 against case in CC.No.03 of 2019 on the file of the Judicial Magistrate Court No.II,Ramanathapuram.
Prayer in CRL OP(MD). 6101/ 2022 :
Criminal Original Petition filed under sec 482 Cr.p.c praying to call for records relating to Charge Sheet in C.C.No. 03 of 2022 on the file of Judicial Magistrate No.II, Ramanathapuram and quash the same.
ORDER:- This Criminal Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Jegadeeswaran, Advocate for the Petitioner and of Mr.B.Rrahalad Ravi, Advocate for first Respondent and Mr.S.Ravi, Public Prosecutor for 3rd Respondent, this Court made the following order:
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CRL MP(MD). No.8054 of 2022
This petition has been filed by the petitioner/P.W.2 to recall the order passed by this Court in Crl.O.P.(MD)No.6101 of 2022 dated 01.04.2022 against case in C.C.No.3 of 2019 on the file of the learned Judicial Magistrate Court No.II, Ramanathapuram.
// True Copy //
TO
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CRL MP(MD). No.8054 of 2022
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai
+1cc to M/s.R.Jegadeeswaran,Advocate CASR No.32819 of 2022
ORDER DATED : 20/07/2022 ========================== RECALL THE ORDER ========================== CRL MP(MD). No.8054 of 2022
IN
Crl. OP No.6101 of 2022
Giving direction and etc. as stated within. SS/01/08/2022/ 3P 7C
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2 issues framed by the court
Whether to recall the prior order quashing the charge sheet in a compromise case where the petitioner was cheated of his consent.
Whether the prior order passed in Crl.O.P.(MD)No.6101 of 2022 under section 482 CrPC should be recalled due to the petitioner's lack of knowledge regarding the compromise.
1 provisions across 1 enactments
Navaskhan
Sathik Batcha
Noor Mohmed
Inspector of Police District Crime Branch, Ramanathapuram
Thowlath Nooriya @ Thowlath Nisha
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
