Alamelu v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Alamelu ....
Petitioner Vs The State represented by its Inspector of Police, B2 Esplanade Police Station, Parrys, Chennai - 600 108.
....
Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 29.01.2025 passed in Crl.M.P.No.6023 of 2024 by the learned VII Metropolitan Magistrate, George Town, Chennai and to restore the same on file.
For Petitioner : Mr.P.G.Thiyagu For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Revision Case has been filed challenging the order dated 29.01.2025 passed in Crl.M.P.No.6023 of 2024 by the learned VII Metropolitan Magistrate, George Town, Chennai, thereby dismissing the petition filed under Section 156(3) of Criminal Procedure Code for
default.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. It is seen from the records that the petitioner is aged about 62 years and suffered with lumbar ailment. Therefore, she was unable to appear before the Trial Court on 29.01.2025. Hence, the petitioner's petition was dismissed for default.
4. In view of the above facts and circumstances of the case, this Court is of the considered opinion that the petitioner deserves one more opportunity to put forth his case. Therefore, this Court is inclined to interfere with the order passed by the Trial Court.
5. Accordingly, the order dated 29.01.2025 passed in Crl.M.P.No.6023 of 2024 by the learned VII Metropolitan Magistrate, George Town, Chennai, is hereby set aside. However, the Trial Court is directed to pass appropriate orders on merits and in accordance with law. The petitioner shall co-operate with the Trial Court by appearing on all
dates of hearing.
6. In the result, this Criminal Revision Case stands allowed. 23.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The VII Metropolitan Magistrate, George Town, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp 23.07.2025