Supreme Court - Daily Orders
Arockiasamy vs The State Of Tamil Nadu on 21 April, 2023
Bench: Hrishikesh Roy, Vikram Nath
ITEM NOS. 18 + 53 COURT NO.15 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 12194/2023
(Arising out of impugned judgment and order dated 06-10-2022 in
CRLOP No. 10551/2019 passed by the High Court of Judicature at
Madras)
AROCKIASAMY Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.71930/2023-CONDONATION OF DELAY
IN FILING and IA No.71932/2023-EXEMPTION FROM FILING O.T.)
WITH
ITEM NO. 53
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 12314/2023
(FOR ADMISSION and I.R. and IA No.78731/2023-CONDONATION OF DELAY
IN FILING and IA No.78732/2023-EXEMPTION FROM FILING O.T.)
Date : 21-04-2023 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE VIKRAM NATH
For Petitioner(s) Dr. P. V. Saravanaraja, AOR
Mr. P. Veerappan, Adv.
Ms. Saket Gautam, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 12194/2023 Delay condoned.
Dr. P. V. Saravanaraja, the learned counsel appearing for the petitioner would submit that the High Court proceeded on an Signature Not Verified erroneous foundation by recording that the civil litigation between Digitally signed by NITIN TALREJA Date: 2023.04.25 17:43:29 IST Reason: the petitioner and the second respondent and one Srinivasan has not 1 attained finality. Projecting the correct view, the learned counsel would read the judgment dated 06.10.2022 in the petition under Section 482 Cr.P.C. to point out that in the said proceedings, the following factual findings were noted by the learned civil judge in Criminal O.P. No. 16089 of 2019:
“5. In the light of the above discussion, the suit filed by Rangasamy was struck off and as the prayer for declaration of sale deed dated 16.12.2016 has become infructuous, O.S. No. 154 of 2017 was restored. As per the direction of the High Court, the suit in O.S. No. 21 of 2012 and O.S. No. 154 of 2017 are taken up simultaneously and separate decrees were passed. The suit filed by the Petitioners herein/Arockiyasamy and Baby Arokiyasamy in O.S. No. 154 of 2017 was decreed. The suit filed by the second Respondent/Rangasamy in O.S. No. 21 of 2012 was dismissed.
6. The learned Counsel for the Petitioners had furnished the typed set regarding the judgment in O.S. No. 21 of 2012 on the file of the learned Sub Judge, Sathyamangalam dated 09.04.2021. On perusal of the same, it is found that the suit had been dismissed.” Issue notice, returnable in four weeks.
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 12314/2023 Delay condoned.
In view of the order passed in SLP (Criminal) Diary No. 12194 of 2023, issue notice, returnable in four weeks.
(NITIN TALREJA) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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