Indian Overseas Bank Tuticorin Main Branch, Rep. by its Chief Manager v. IDBI Bank Ltd. Rep. by its Assistant Manager
2016-03-29
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : 1. This petition has been filed to set aside the order dated 11.03.2016 passed in Unnumbered Cr.M.P. of 2016 in Cr.M.P.No.592 of 2016 in DCB Crime No.34 of 2015 and direct the learned Judicial Magistrate No.1, Tuticorin to allow the above petition. 2. Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side) appearing for the State. 3. It appears that the petitioner herein filed an application before the learned Judicial Magistrate No.1, Tuticorin to implead himself as a party in Cr.M.P.No.592 of 2016 in DCB Crime No.34 of 2015. The said petition was returned by the learned Judicial Magistrate No.1, Tuticorin noting as follows: “Correct provision of law to be stated.” Challenging this return, the petitioner has approached this Court under Section 482 Cr.P.C. 4. In the considered opinion of this Court, the petitioner should have re-submitted the papers after complying with the returns. Instead he has rushed to this Court for a direction under Section 482 Cr.P.C., which is not maintainable. 5. Hence, Registry is directed to return the original of the petition to the learned counsel for the petitioner after keeping a certified copy of the same. Liberty is given to the petitioner to re-present the petition after complying with the returns before the learned Judicial Magistrate No.1, Tuticorin within one week from the date of receipt of the petition from the Registry of this Court. If the learned Judicial Magistrate No.1, Tuticorin has not passed any final order in Cr.M.P.592 of 2016, he may deal with the re-presented petition in accordance with law. Consequently, connected miscellaneous petition is closed.