Madras High CourtCRL OP/2132/2022dismissed for default

Vijayabaskar v. Venkatesan

2022-09-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2132 of 2022 Vijayabaskar ... Petitioner Vs.

Venkatesan ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and set aside the condition of the payment of 20% compensation to the credit of STC.No.1509/17 before the Judicial Magistrate-II, Ponneri, passed in Crl.MP.No.4573 of 2021 filed in CA.No.71 of 2021 by the learned Principal District and Sessions Court, Tiruvallur District dated 01.11.2021 and the case in CA.No.71 of 2021 was made over to the learned IV Additional Sessions Court, Ponneri for disposal. For Petitioner : Mr.V.Sambamurthy No appearance 1/4

O R D E R

This petition has been filed to set aside the condition of the payment of 20% compensation to the credit of STC.No.1509/17 before the Judicial Magistrate-II, Ponneri, passed in Crl.MP.No.4573 of 2021 in CA.No.71 of 2021 by the learned Principal District and Sessions Court, Tiruvallur District dated 01.11.2021 and the case in CA.No.71 of 2021 was made over to the learned IV Additional Sessions Court, Ponneri for disposal.

2. This Criminal Original Petition was listed "for admission" on 02.02.2022, there was no representation for the petitioner and hence, the matter was adjourned on 17.02.2022. Thereafter, the petitioner did not take any steps to list the matter "for admission". Thereafter, it is listed today. i.e on 13.09.2022. Today, there is no representation for the petitioner.

3. Thus, this Criminal Original Petition is pending for the past 7 months without even ordering notice for admission. It shows that the petitioner has no interest to proceed with the matter and as such, this Court 2/4

is not inclined to entertain the Criminal Original Petition after 7 months.

4. Accordingly, this Criminal Original Petition is dismissed. 13.09.2022 Vv To 1.The Principal District and Sessions Court, Tiruvallur District.

2. The IV Additional Sessions Court, Ponneri.

3. The Judicial Magistrate-II, Ponneri,

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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