V.Dinesh v. Brinda

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN and Crl.M.P.No.13937 of 2022

1. V.Dinesh

2. Velayudham

3. Vanajakshi ...

Petitioners Vs.

Brinda ... Respondent Prayer:Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., to set aside the dismissal order in Crl.M.P.No.19 of 2020 in Crl.A.No.18 of 2019 dated 29.07.2022 on the file of the Additional District Judge, Mayiladuthurai, which was already allowed on 28.10.2021 with the consent of respondent's counsel and pass order to proceed the Criminal Appeal in C.A.No.18 of 2019 by taking into consideration of the evidence of RW.2 recorded on 28.10.2021 as revision petitioners' side evidence in accordance with law.

For Petitioners : M/s.Shiva Surya For Respondent : M/s.R.Meenal 1/4

O R D E R

This Criminal Revision Petition has been filed to set aside the order of dismissal dated 29.07.2022 passed in Crl.M.P.No.19 of 2020 in Crl.A.No.18 of 2019.

2. It is represented that the main Criminal Appeal itself dismissed for non-prosecution and there is no Criminal Appeal is pending before the Court below as on date.

3. Since the Criminal Revision Case is arising out of the interlocutory order and also the main Criminal Appeal is dismissed for non-prosecution by the Court below, nothing survives for adjudication in the Criminal Revision Petition. Accordingly, the Criminal Revision Case is closed as infructuous. Consequently, connected miscellaneous petition is also closed. However, the petitioner is at liberty to reopen the present Revision Case in future, if necessary.

11.10.2022 mfa Index:yes/No Internet:yes/No 2/4

To

1. The Additional District Judge, Mayiladuthurai. 3/4

P.VELMURUGAN , J.

mfa and Crl.M.P.No.13937 of 2022 11.10.2022 4/4