R.Arun Kumar v. J.Yuhama @ Raja Meenakshi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.10032 of 2016 and Crl.MP Nos.5329 and 5330 of 2016 1.R.Arun Kumar 2.G.Ravi 3.R.Prema 4.R.Gayathri 5.M.Muthukumaran ... Petitioners Vs 1.J.Yuhama @ Raja Meenakshi 2.Minor A.Janistha represented by her mother J.Yuhama ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in DVC No.2837/2015 on the file of the learned XIII Metropolitan Magistrate, Egmore, (Allikulam) Chennai and consequently, quash the proceedings against the petitioners. For Petitioners : No appearance

ORDER

This Criminal Original Petition has been filed to quash the proceedings in DVC No.2837/2015 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai.

2. On 22.06.2016, this Court has passed the following order :

"Today, when the matter was taken up for hearing, Mr.P.Kalaivanan (Enrolment No. MS3324/153) has filed a Memo stating that the petitioners have given change of vakalat.

Recording the same, the Registry is directed to verify, if any counsel has filed vakalat for the petitioners and if

so, the name of the said counsel for the petitioners may be printed and if not, the name of the petitioners shall be printed in the cause list.

Post on 29.06.2016 in the motion list."

3. On 29.06.2016, this Court has passed the following order :

"Mr.P.Kalaivanan, learned counsel on record for the petitioners has filed a memo stating that this petitioner has given change of vakalat on 05.05.2016.

Name of the petitioners is printed in the cause list and their names were also called out by the Court O.A.

No representation on the side of the petitioners.

For one more opportunity, post on 30.06.2016, finally ."

4. On 05.07.2016, this Court has passed the following order :

"Today, when the matter was called, no representation for the petitioner, though their names have been printed in the cause list. Post it, as it is under the caption " for dismissal" on 12.07.2016.

5. Today, the matter is posted under the caption "for dismissal". The name of the counsel and the names of the petitioners have been printed in the cause list. Even today, there is no representation for the petitioners despite the matter being listed under the caption "for dismissal, hence the petition is dismissed for non prosecution. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ds

To The XIII Metropolitan Magistrate, Egmore, Chennai.

Crl.OP.No.10032 of 2016 & Crl.MP Nos.5329 & 5330 of 2016 TM(CO) CA(04/08/2016)