A. Anu vs V. Jeganathan
2023 Latest Caselaw 6320 Mad

                                                                       Crl.O.P.(MD).No.10529 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 15.06.2023

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                      Crl.O.P.(MD).No.10529 of 2023 and
                                        Crl.M.P.(MD). No.8349 of 2023


                     A. Anu                                                        ... Petitioner

                                                       Vs.

                     V. Jeganathan                                                ...Respondent



                     PRAYER : Criminal Original Petition filed under Section 482 of the

                     Criminal Procedure Code, to Call for the entire records relating to the

                     Docket order passed by the learned Principal District and Sessions Judge

                     Thanjavur in C.A.No unnumbered of 2023 dated 05.04.2023 and set

                     aside the same as illegal and further directing the Learned Principal

                     District and Sessions Judge Thanjavur to take the Appeal on file filed by

                     the Petitioner under section 374(3) Cr.P.C and Proceed the same in

                     accordance with law .




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https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD).No.10529 of 2023


                                         For Petitioner        : Mr.R. Maheswaran

                                                            ORDER

This criminal original petition has been filed seeking to Call for

the entire records relating to the Docket order passed by the learned

Principal District and Sessions Judge, Thanjavur in C.A.No unnumbered

of 2023 dated 05.04.2023 and set aside the same as illegal and further

directing the Learned Principal District and Sessions Judge Thanjavur to

take the Appeal on file filed by the Petitioner under section 374(3)

Cr.P.C and Proceed the same in accordance with law.

2.This petition has been filed by the petitioner before this Court on

the ground that the matter was settled between the parties. After the

disposal of the case by the trial Court, he has filed appeal before the

appellate Court namely Principal District and Sessions Judge, Thanjavur.

That appeal memorandum was returned by the trail Court, stating that on

the date of Judgment before the trial Court, since he was not present,

warrant was issued by the order dated 08.02.2023. Now the grievance is

that since he has already settled the issue with the complainant, direction

may be issued to the appellate Court to consider and number the appeal

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.10529 of 2023

memorandum without insisting upon the recalling the warrant.

3.Let the petitioner file an affidavit before the appellate Court

stating that the matter has been compromised between the parties. On

filing of the affidavit, the above said appeal memorandum be processed

by the Principal District and Sessions Judge, without insisting upon the

suspension of sentence and for recalling the warrant. Further, on

condition that they must bring the complainant also for recording the

compromise before the appellate Court by fixing particular date.

4.With the above said directions, this criminal original petition

stands disposed of. Consequently, connected miscellaneous petition is

closed.

                                                                                   15.06.2023
                     NCC                :     Yes / No
                     Index              :     Yes / No
                     Internet           :     Yes / No
                     TM

                     To

1.The Principal District and Sessions Judge, Thanjavur.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.10529 of 2023

G.ILANGOVAN,J.

TM

Crl.O.P.(MD).No.10529 of 2023

15.06.2023

https://www.mhc.tn.gov.in/judis