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Madras High CourtCRL MP/14028/2024ordered

M/S.The Current Trends v. P.Damodharan,

2025-01-21Honourable Mr.Justice Shamim Ahmed6 pages

CRL MP NOs. 14028 and 14029 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL MP NOs. 14028 and 14029 of 2024 AND CRL RC NO. 577 OF 2018,CRL RC NO. 578 OF 2018 M/s.The Current Trends Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Appellant(s) Vs P.Damodharan, S/o.Poongulingam, Door No.46, Jeyalakshmi Nagar, Thondamuthu Road, Bharathiar University Road, Coimbatore - 46. and another Respondent(s) M/s.Current Trends Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Petitioner(s) Vs P.Damodharan, Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Respondent(s)

M/s.Current Trends Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Petitioner(s) Vs P.Damodaran Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Respondent(s) M/s.Current Trends Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Petitioner(s) Vs P.Damodharan, Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641 603 and another Respondent(s) CRL MP NO. 14028 of 2024 For Appellant(s):

S.Marshall Affidavit Of Service Filed For Respondent(s):

Court Notice Sent - Service Awaited Private Notice Sent - Proof Filed - Unserved Paper Publication Ordered On 12/12/2024 - Proof Filed R1 - Served

For Petitioner(s):

M/s.A.V.Raja M.Sathiya A.Abiramavalli Public Prosecutor For R2Court Notice For R1 - Service AwaitedPvt Notice - Proof Not Filed For Respondent(s):

For Petitioner(s):

M/s.A.V.Raja M/s.S. Marshall M.Sathiya A.Abiramavalli Affidavit Of Service Filed Court Notice - Service AwaitedPvt Notice - Proof Filed - UnservedPaper Publication Ordered On 12/12/2024 - Proof FiledR1 - Served For Respondent(s):

For Petitioner(s):

M/s.A.V.Raja M/s.S. Marshall M.Sathiya A.Abiramavalli Affidavit Of Service Filed Public Prosecutor For R2Court Notice For R1 - Service Awaited For Respondent(s):

COMMON ORDER

In view of the commonality of the issues involved, these Criminal Miscellaneous petitions are considered and decided by this common order. 1.

In compliance of the order dated 24.10.2024, notice has been served on the first respondent on 12.11.2024 wherein the service was awaited.

2.

Mr.S. Marshall, learned counsel for petitioner submitted that this Court vide order dated 12.12.2024 has passed the following order: "The best efforts of the petitioner to take private notice on the first respondent as well as through Vadavalli Police has ended in failure. The petitioner is now required to take paper publication in one Edition of "Makkal Kural" on or before 31.12.2024, indicating the next date of hearing as 21.01.2025.

2.

Post the matter on 21.01.2025."

3.

In compliance with the order dated 12.12.2024, the learned counsel for the petitioner has filed affidavit of service on 20.01.2025, annexing the news item published in "Makkal Kural" newspaper on 28.12.2024. The said affidavit is on record. Thus, the learned counsel for

the revision petitioner has complied with the orders of this Court dated 12.12.2024.

4.

Thus, inspite of the paper publication, the respondent has not put up his appearance to press this petition. It appears that the respondent is not interested to contest this case seriously. Accordingly, in view of the above submission made and considering the order dated 12.12.2024 and affidavit of service filed by the learned counsel for the revision petitioner dated 20.01.2025, the order dated 03.06.2024 passed by this Court is recalled and the present Crl.R.C is restored to its original number. 5.

Accordingly, the Crl.M.Ps are allowed.

6.

Put this case along with record on 28.02.2025 for "final hearing" before the appropriate Bench.

21-01-2025 vca CRL MP NO. 14028 of 2024 To

1. P.Damodharan, S/o.Poongulingam, Door No.46, Jeyalakshmi Nagar, Thondamuthu Road, Bharathiar University Road, Coimbatore - 46.

2. State Through Public Prosecutor, Coimbatore.

1. P.Damodharan, Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641

2. State By Public Prosecutor, Coimbatore

1. P.Damodaran Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641

2. State Through Public Prosecutor, Coimbatore.

1. P.Damodharan, Rep. By Its Partner S.Krishnakumar, No.28/15, Indira Nagar, Behind Csi Church, Avinashi Road, Tirupur - 641

2. State By Public Prosecutor, Coimbatore