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2023 Supreme(Online)(MAD) 5420

HIGH COURT OF MADRAS
Hon`ble Mr Justice G. CHANDRASEKHARAN
USHMAN BASHA – Appellant
Versus
INSPECTOR OF POLICE – Respondent


ORDER

This Criminal Original Petition has been filed to to set aside the order in Crl.M.P.No.750 of 2022 in C.C.No.237 of 2017 dated 19.09.2022 on the file of the Judicial Magistrate No.1, Poonamallee.

2. The learned counsel for the petitioner submitted that certain question and answers were not properly recorded by the trial Court. That apart, certain important questions have been omitted to be asked during the course of the cross-examination. Therefore, petition under Section 311 of Cr.P.C was filed. However, without considering the genuineness in the claim of the petitioner, the learned Judge had dismissed the petition without discussing on the ground for which the petition was filed and also giving reasons for dismissal.

3. The learned Government Advocate (Crl. Side) submitted that the order does not indicate the grounds on which the petition was filed and the reason for dismissal.

4. Considered the rival submissions and perused the record. Without going into the merits of the claim of the petitioner, this Court finds from the order of the learned Judge that the order does not indicate the grounds on which the petition for recall was filed and the reason for dismissal of the petiti

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