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Madras High CourtWP/11752/2017allowed

S.Rajagopal v. The Government Of Tamil Nadu

2017-05-05Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2017

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.11752 of 2017 P.. Sunanda .. Petitioner Vs

1. State rep by The Inspector of Police (L&O), Ambathur Police Station, Chennai - 600 053

2. The Commissioner of Police, Chennai - 600 007 ... Respondents Criminal Original Petition filed under Sec.482 of Criminal Procedure Code to call for the records relating to C.M.P.No586 of 2017 by Order dated 20.04.2017 and to set aside the same and direct the first respondent to register FIR based on the complaint of the petitioner. For Petitioner : Mr.T.I. Ramanathan For respondents : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

The petitioner has filed the present petition to call for the records relating to C.M.P.No.586 of 2017 by Order dated 20.04.2017 and to set aside the same and direct the first respondent to register FIR based on the complaint of the petitioner.

2.

The learned counsel for the petitioner submitted that due to unavoidable circumstances and on healthy grounds, the petitioner was unable to appear before the Court on 20.04.2017, on which date, the petition came to

R.MAHADEVAN, J.

sr be dismissed for default. Hence the petitioner has filed the present petition, seeking to set aside the order dated 20.04.2017 and also afford one more opportunity to the petitioner to appear before the Court.

3. Mr.C. Emalias, learned Additional Public Prosecutor takes notice for the respondents.

3. Considering the facts and circumstances of the case, the order passed by the learned Judicial Magistrate, Ambattur in Crl.MP No.586 of 2017 dated 20.04.2017 is set aside and the Judicial Magistrate, Ambattur is directed to take up the matter on file and hear the case on 29.06.2017. With the above direction, the Criminal Original Petition is disposed of. 22.06.2017 Index : Yes/No Internet: Yes/No sr Note: Issue Order copy on 27.06.2017 To

1. The Inspector of Police (L&O), Ambathur Police Station, Chennai - 600 053

2. The Commissioner of Police, Chennai - 600 007

3. The Public Prosecutor, High Court, Chennai Crl.O.P No.11752/2017 http://www.judis.nic.in