X Aunt Of The Victim Child v. The State Represented By

Crl.M.P.No. 19331 of 2025 in Crl.A.No. 305 of 2025 T.V. THAMILSELVI, J.

This Criminal Miscellaneous Petition has been filed seeking to restore the above criminal appeal, which was dismissed for non-prosecution on 28.04.2025 by setting aside the said order.

2. Mr.C.D.Modhi, learned counsel for petitioners/appellants submitted that the above Criminal Appeal was dismissed for nonprosecution on 28.04.2025. He would submit that as the counsel on record was hospitalised on the date of hearing, he is unable to appear and argue the case on that day when it was taken up for hearing. He would also submit that his absence at the time of hearing of the above appeal on that day is neither willful nor wanton, but due to the bonafide reason stated above. Hence, he has filed the above petition to restore the above Criminal Appeal.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to restore the Criminal Appeal, this Court is inclined to allow this petition and to restore the above criminal appeal

4. Post the matter on 17.10.2025.

16.10.2025 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp Crl.M.P.No. 19331 of 2025 in Crl.A.No. 305 of 2025 16.10.2025 https://www.mhc.tn.gov.in/judis