Madras High CourtCRL RC/342/2015allowed

S.Deepa v. Tamilarasi

2017-02-03Honourable Mr Justice C. T. Selvam2 pages

Bail Slip The Petitioner/Accused namely S.Deepa in CA.73/2013 on the file of the Principal Sessions Judge, Salem was directed to be released on bail as per the orders of this Court dt 3/6/2015 in MP.1/15 in Crl.Rc.342/2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.342 of 2015 S.Deepa .. Petitioner vs.

Tamilarasi .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. to set-aside the conviction and sentence imposed in the judgment dated 10.11.2014 in C.A.No.73 of 2013 on the file of the Principal Sessions Judge, Salem confirming the judgment dated 24.07.2013 made in C.C.No.213 of 2012 on the file of the Judicial Magistrate No.2, Salem.

For Petitioner : Mr.I.C.Vasudevan For Respondent : Mr.R.Marudhachalamurthy *****

O R D E R

This revision arises against the judgment of learned Principal Sessions Judge, Salem, passed in C.A.No.73 of 2013 dated 10.11.2014, where under an appeal against conviction has been dismissed for default.

2. When the matter was listed before Lok Adalat-II, there was no representation for the parties on either side from 28.03.2016. Hence, the matter has been posted before this Court. https://hcservices.ecourts.gov.in/hcservices/

3. Heard both sides.

4. An appeal against conviction cannot be dismissed for default. In the event of continued non-representation on behalf of the appellant, it would be open to the Court below to pass a considered judgment in the appeal on merits. Revision is allowed and C.A.No.73 of 2013 on the file of the Principal Sessions Judge, Salem shall be restored to file with a direction to dispose of the same within one month. -sd/- Assistant Registrar True Copy Sub-Assistant Registrar rm To

1. The Judicial Magistrate-II Civil Judge (Junior Division), Salem.

2. The Principal Sessions Judge, Salem.

+ 1 cc to MR.I.C.Vasudevan, Advocate SR.NO.7704 + 1 cc to Mr.R.Marudhachalamurthy, Advocate SR.NO.7362 SS[Co] RRI 06/03/2017 Crl.R.C.No.342 of 2015 https://hcservices.ecourts.gov.in/hcservices/