Madras High CourtCRL RC/101/2020dismissed for nonprosecution

Kolappan v. The State Rep. By

2024-04-05Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Kolappan ... Petitioner Vs.

1.The State Represented by The Inspector of Police, Central Crime Branch, Coimbatore, Coimbatore District.

(Crime No.32 of 2007) 2.G.T.Moorthy ... Respondents (R2 impleaded as per Court order dated 05.01.2023 in Crl.M.P.No.1784 of 2020 in Crl.R.C.No.101 of 2020) Prayer : Criminal Revision filed under Section 397 r/w. 401 of Criminal Procedure Code to set aside the judgment made in C.A.No.8/2017 dated 11.07.2018 on the file of the V Additional District and Sessions Judge, Coimbatore confirming the judgment dated 26.12.2016 in C.C.No.427/2008 on the file of the Judicial Magistrate Court No.III, Coimbatore.

For Petitioner : No appearance For R1 : Mr.S.Raja Kumar, APP Assisted by Ms.A.Shahana Fathima, GA (Crl. Side) For R2 : Mr.V.Muthupandi

ORDER

When the criminal revision case came up for hearing on 04.04.2024, there was no representation for the revision petitioner and hence was directed to be posted under the caption 'for dismissal' on 05.04.2024. Even today, i.e., 05.04.2024 there is no representation for the revision petitioner. Learned Additional Public Prosecutor for the first respondent and learned counsel for the second respondent are present.

2. In view of the same, the Criminal Revision Case is dismissed for non prosecution. Consequently, connect Criminal Miscellaneous Petition is closed. The revision petitioner/accused shall surrender before the learned Judicial Magistrate Court No.III, Coimbatore within 15 days from the date of receipt of a copy of this

order / uploading of the order, failing which, the Trial Court shall take steps to secure his presence for serving the remaining period of sentence. 05.04.2024 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To

1. The V Additional District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate Court No.III, Coimbatore. 3.The Section Officer, Criminal Section, Madras High Court, Chennai.

R. HEMALATHA, J.

mtl 05.04.2024