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Madras High CourtCRL RC/2078/2025allowed

A.Chokkalingam v. The State Rep. By

2025-10-27Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 19417 OF 2025

1. A.Chokkalingam S/o.Arunachalam, Middle Street, Marudur, Andimadam Taluk, Ariyalur District.

Petitioner(s) Vs

1. The State Rep. by The Inspector of Police, Distrit Crime Branch, Ariyalur, Ariyalur District.

2.Suresh Kumar S/o.Nagaiahsamfy, No.14/25, Old Agraharam, Thennur, Trichy.

3.Jayanthi W/o.Sureshkumar, No.14/25, Old Agraharam, Thennur, Trichy.

4.Manikandan C/o.Sureshkumar, No.14/25, Old Agraharam, Thennur, Trichy.

5.Jayakumar S/o.Sureshkumar, No.14/25, Old Agraharam, Thennur, Trichy, 6.Vani Inspector of Police, Perambalur.

7.Safhul Harmeed Sub-Inspector Police, District Crime Branch, Ariyalur.

8.Ranganathan Sub Inspector of polcie, District Crime Branch, Ariyalur.

Respondent(s) PRAYER To set aside the Order dated 07.09.2022 made in Crl.M.P.No.997 of 2021 in C.C.No.1 of 2021 passed by the Learned District Munsif cum Judicial Magistrate, Sendurai, Ariyalur District and pass such other or further orders as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s):

G.Anantharangan G.Kowsalya For Respondent(s):

Dr. C.E Pratap, Government Advocate, Crl. side

ORDER

This petition has been filed to set aside the Order dated 07.09.2022 made in Crl.M.P.No.997 of 2021 in C.C.No.1 of 2021 passed by the Learned District

Munsif cum Judicial Magistrate, Sendurai, Ariyalur District.

2. The learned counsel for the petitioner submits that the petitioner is aged about 80 years, due to his health condition and age related ailments the petitioner has not able to appear before the Trial Court frequently. However, the Trial Court without considering the age of the petitioner dismissed Crl.MP No. 997 of 2021 for non-prosecution due to continuous absent of the petitioner.

3. Considering the facts and circumstances of the case, the petitioner is aged about 80 years and due to age related ailments, the petitioner was not able to appear before the Trial court. The reason assigned by the petitioner for non appearance is justifiable. Accordingly, the order passed by the District Munsif cum Judicial Magistrate, Sendurai, Ariyalur District in Crl.MP No. 997 of 2021 dated 07.09.2022 is hereby set aside. Since, the petitioner is senior citizen, the District Munsif cum Judicial Magistrate, Sendurai, Ariyalur District is directed to complete the proceedings as early as possible.

4. In the result, this Criminal Revision Case is allowed. Pending petition, if any, is/are closed.

27-10-2025 pbl

T.V.THAMILSELVI J.

Pbl To

1. The District Munsif cum Judicial Magistrate, Sendurai, Ariyalur District.

2. The Public Prosecutor, High Court, Madras.

3. The Section Officer, V.R Section, High Court, Madras. CRL RC No. 2078 of AND CRL MP NO.

19417 OF 2025 27-10-2025