L.Narasimman v. V.M.Abuthahir

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.11216 of 2021 IN CRL OP.7948/2018 L.NARASIMMAN [ PETITIONER/ACCUSED ] Vs V.M.ABUTHAHIR [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to setaside the Order of Dismissal passed on 19.08.2021 for the reason of dismissed for Non-Prosecution, in Crl.O.P.No.7948 of 2018 on the file of this Hon'ble and restore the same and thus render justice. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.MALINI GEORGE, Advocate for the Petitioner the court made the following order:- This petition has been filed to restore the above Criminal OP. which was dismissed for non prosecution, by order dated 19.08.2021.

2. It is seen from the records that after admission in 2013, the matter was heard on 12.08.2021, there was no appearance on behalf of the petitioner. Therefore, the matter was adjourned to 19.08.2021 under the caption ''for dismissal''. Since, even on 19.08.2021, there was no representation on behalf of the petitioner. This Court has dismissed the petition for non prosecution.

3. Hence, the petitioner has come forward with this petition seeking to restore the above Criminal Original Petition. In the affidavit filed in support of the petition, the petitioner has stated that during the month of July and August 2021, the petitioner's counsel delivered a child and due to some personal inconvenience, he could not attend the Court through online.

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4. I have heard the learned counsel for the petitioner. This Court is of the view that the reasons mentioned in the affidavit are accepted. Accordingly this petition is allowed and the Crl. OP.No.7948 of 2018 is restored to file.

-sd/- 01/11/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE VII METROPOLITAN MAGISTRATE, GEORGE TOWN, MADRAS.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] C.C. to M/S.MALINI GEORGE Advocate on payment of necessary charges Order in CRL MP.11216/2021 in CRL OP.7948/2018 Date :01/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 23/11/2021 https://hcservices.ecourts.gov.in/hcservices/