Petition to recall a prior Section 482 order made on the ground that parties settled out of court and were living together; counsel verified no earlier marriage had occurred. The Court recalled its 22.12.2023 order and restored Crl.O.P.(MD).No.23380 of 2023 to the file.
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.6997 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Wednesday, the Fourteenth day of August Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL MP(MD). No.6997 of 2024 in CRL OP(MD).No.23380 of 2023
M.Lakshmipraba @ Madhubala ... Petitioner
Vs.
Prayer in CRL MP(MD). No.6997 of 2024 :-
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CRL MP(MD). No.6997 of 2024
This Petition filed under Section 482 of Criminal Procedure Code to recall the order dated 22.12.2023 passed in Crl.OP(MD)No.23380/2023 by this Honble Court and to restore the same to file.
Prayer in CRL OP(MD).No.23380 of 2023 :-
This Petition filed under Section 482 of Criminal Procedure Code to direct the second respondent not to harass the petitioner in the guise of enquiry on the basis of the false complaint.
ORDER:- This 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 M/s. J.Barathan, Advocate for the Petitioner, M/s. M.Sakthikumar, Government Advocate(Criminal Side) for the respondent Nos. 2 and 3 and M/s. Vivek kumar, Advocate for respondent No.1, this Court made the following order:
This petition has been filed to recall the order dated 22.12.2023 passed in Crl.O.P.(MD).No.23380 of 2023 on the ground that the matter has been settled between the parties out of the Court and the parties are now living together. But, wrong observation has been made by this Court in paragraph No.2 of the order, dated 22.12.2023, which reads as follows: https://www.mhc.tn.gov.in/judis
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CRL MP(MD). No.6997 of 2024
“2.It appears that the issue is between the husband and wife. The learned counsel for the petitioner would submit that suppressing the earlier marriage, the third respondent married this petitioner. After coming to know about the marriage, the husband of the third respondent left the matrimonial home. After the marriage with this petitioner she got another child also. During the first marriage, there was no child.”
2.According to the counsel on either side, now, the issue was verified and it
was found that there was no marriage between the complainant and the some other person on the earlier occasion. Only engagement was performed between them.
3.In view of the above said settlement, the earlier order passed by this Court on 22.12.2023 in Crl.O.P.(MD).No.23380 of 2023, is hereby Recalled. Crl.O.P.(MD).
No.23380 of 2023 is restored to the file.
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/09/2024 Sub Assistant Registrar (CS- I, II, III, IV)
TM
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CRL MP(MD). No.6997 of 2024
TO
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
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CRL MP(MD). No.6997 of 2024
ORDER DATED : 14/08/2024
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ORDER
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CRL MP(MD). No.6997 of 2024 in CRL OP(MD).No.23380 of 2023
Giving direction and etc. as stated within.
RD(19.09.2024) 5P / 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether the earlier order dated 22.12.2023 in Crl.OP(MD)No.23380/2023 containing an erroneous observation should be recalled and the original petition restored to file.
1 provisions across 1 enactments
M.Lakshmipraba @ Madhubala
B.Eswaran
The Commissioner of Police, Madurai District, Madurai
The Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
