C.Vimaldoss v. S.Premkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED

1. C.Vimaldoss S/o.Chinnathambi, 14/79, Sakayapuram, Kongudayampalayam Erode.

Petitioner(s) Vs

1. S.Premkumar S/o.Srinivasan, 19, Madurai Veeran Koil Street, Karungalpayam, Erode.

Respondent(s) Prayer: This Criminal Miscellaneous Petition is filed to recall the order dated 28.10.2024, passed in Crl.RC.No.242 of 2022, by this Court. For Petitioner(s):

Mr.M.N.Kathir

ORDER

1. This Criminal Miscellaneous Petition is filed to recall the order dated 28.10.2024, passed in Crl.RC.No.242 of 2022, by this Court.

2. This Court heard Mr.M.N.Kathir, the learned counsel for the Petitioner.

3. This Court, vide order dated, 28.10.2024, had passed the following order:- "When the matter is taken up for consideration today, Ms.Ovia, the representing counsel for Mr.G.Pavendhan, the learned counsel for the Appellant on record, submits that the Revision Petitioner do not want to press this Criminal Revision Petition and she wants to withdraw the same and she has also made an endorsement to that effect in the affidavit filed in support of this Criminal Revision Petition. Accordingly, on the basis of the submissions and the

endorsement made by the learned counsel for the Revision Petitioner, recording the same, this Criminal Revision Petition is dismissed, as withdrawn.

4. The learned counsel for the Petitioner submits that the Petitioner's counsel mistakenly instructed to his junior counsel to withdraw the matter and based on the said instructions, the junior counsel submitted and withdrew tha matter and also made an endorsement to that effect. However, the matter was already settled between the parties before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras and to that effect, a Mediation Report dated 28.09.2022 has also been filed before this Court. Hence, in the interest of justice, the order, dated 28.10.2024, may be recalled and the matter may be decided, on merits.

5. In view of the submissions made by the learned counsel for the Petitioner and the statement made in paragraph 3 of the affidavit filed in support of this criminal miscellaneous petition, this Court is of the view that the reason assigned by the Petitioner appears to be justified. Thus, the order, dated 28.10.2024, passed in Crl.RC.242 of 2022 is hereby recalled and the matter is restored to its file. The matter may be listed for final hearing on 22.01.2026 before the appropriate Bench. Accordingly, this Criminal Miscellaneous Petition is ordered.

6. This case shall not be treated as tied up or part heard to this Bench. 16-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

SHAMIM AHMED J.

Srcm CRL MP No. 24304 of 16-12-2025