ORDER

Criminal Revision is filed by the Revision Petitioner who is the petitioner in Crl.M.P.No.12472 of 2010 in C.A.No.44 of 2001, praying to set aside the order dated 11.04.2016. The said petition in Crl.M.P.No.12472 of 2010 was filed under Section 362 of Cr.P.C., praying to correct the clerical mistake in the Schedule and the said M.P., has been dismissed for default.

2. C.A.No.44 of 2001 has been filed by the 1st accused in C.C.No.10882/1991. In the said C.C.No.10882/1991, there were two accused and the appellant who filed C.A.No.44 of 2001 is the 1st accused. After trial, the two accused were convicted and sentenced to undergo one year R.I., and to pay fine of Rs.1000/- each, in default, to undergo 3 months simple imprisonment each for the offence u/s.344 IPC and to undergo one year R.I., each and to pay fine of Rs.1000/- each, in default to undergo 3 months simple imprisonment each for the offence u/s.347 IPC and to undergo three years R.I., each and to pay fine of Rs.1000/- each, in default, to undergo 3 months simple imprisonment each for the offence u/s.365 IPC and to undergo one year rigorous imprisonment each for the offence u/s.384 of IPC.

3. Along with C.A.No.44/2001, C.M.P.No.12472/2010, filed by the complainant was also taken up. C.M.P.No.12472 of 2010 has been filed u/s.456 of Cr.P.C., to restore possession of the properties to the complainant, the property bearing Door Nos.4, 5, 6 and 7, Perumal Koil Sannadhi Street, Nagapattinam, as they have been dispossessed of the said properties by the 1st accused in violation of law.

4. The learned Principal Sessions Judge, while passing common judgment in C.A.No.44 and 50 of 2001 and C.M.P.No.12472 of 2010, confirmed the conviction and sentence imposed on the accused 1 and 2 by the trial court and dismissed the appeals filed by the accused 1 and 2. Further the learned Principal Sessions Judge observed that since it has been already been held that the accused committed the offence u/s.344, 347, 384 and 365 IPC and the family members of the complainant who had been residing in the properties in question were brought to Chennai by the 1st accused in order to take possession of the properties, the property has been taken possession in violation of law. The learned Judge further held that the complainant is entitled to an order for restoration of possession of the properties covered by Ex.P.3 agreement.

5. Thereafter, Crl.M.P.No.5606 of 2015 has been filed by the Revision Petitioner/complainant in Crl.M.P.No.12472 of 2010 in Crl.A.No.44 of 2001, praying to correct the clerical mistake in the Schedule to the petition in the above Criminal M.P.No.12472 of 2010 in the above appeal C.A.No.44 of 2001 by substituting the Schedule of property referred to in the accompanying petition filed under Section 362 of Cr.P.C.

6. In the above said Crl.M.P.No.5606 of 2015, it is stated by the Revision Petitioner/complainant that owing to clerical mistake in cutting and pasting procedure in the computer operation inadvertently unconnected town property schedule has been included in the Schedule of Crl.M.P.No.12472 of 2010 filed in the above appeal and that CW1, CW2, CW4, CW7 have all spoken about the house property situate at Old Door No.5/64, Musthan Maricair Street, Manjakollai Village, Nagapattinam Taluk. The revision petitioner further states the petition is filed to set right the clerical mistake within the meaning of Section 362 of Cr.P.C., that has crept in the Schedule to the earlier petition.

7. The docket entry in the above said Crl.M.P.No.12472 of 2010 would go to show that Notice was ordered to the respondent in the said petition on 01.04.2015 and through court and to the correct address of the respondent and for service of notice, the matter was adjourned on 07.04.2015, 28.04.2015, 09.06.2015, 25.06.2015, In respect of Steps for service, the matter was adjourned on 10.07.2015, 28.07.2015, 17.08.2015, 02.09.2015, 21.09.2015, 08.10.2015, 2.11.2015, 24.11.2015, 11.12.2015, 21.12.2015, 18.01