← Library
Madras High CourtCRL RC/1442/2016allowed

V.Venkatesan, Aged 70 Years v. A.Manikandan

2016-11-25Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1442 of 2016 V.Venkatesan .. Petitioner vs.

A.Manikandan .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of the learned Judicial Magistrate No.V, Coimbatore dated 14.10.2016 in C.C.No.372 of 2015 and to set aside the same.

For Petitioner :

Mr.A.Tamilarasan

O R D E R

This revision challenges the order of dismissal of petition under section 374 Cr.P.C. of learned Judicial Magistrate No.V, Coimbatore passed in C.C.No.372 of 2015 on 14.10.2016.

2. A reading of the order suggests that it is not the complainant who has been negligent in taking out the process against the respondent/accused, but the same is due to his counsel. For the said reason, this revision is allowed. The court below will restore the complaint in the C.C.No.372 of 2015 on its file and afford opportunity to the petitioner to proceed further and any further protraction of the proceedings may be dealt with the court below seriously.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

vrc To

1. The Judicial Magistrate, NO.V Coimbatore.

2 Do Thro The Chief Judicial Magistrate, Coimbatore +1cc to Mr.a. Tamilarasan, Advocate, S.R.No.68900 br(CO) md(30/12/2016) Crl.R.C.No.1442 of 2016 https://hcservices.ecourts.gov.in/hcservices/