M.Senthil Kumar v. Vaithiyanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.32598 of 2024 M.Senthil Kumar ... Petitioner Vs.

Vaithiyanathan

...Respondent

Prayer: Criminal Original Petition filed under Section 528 BNSS, to call for the records and set aside the order in C.M.P.No.7705 of 2024 in S.T.C.No.154 of 2022 passed by the learned Judicial Magistrate, Fast Tract Court (Magisterial Level), Poonamallee on 25.10.2024.

For Petitioner : Mr.K.Karthik For Respondent :

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O R D E R

This petition has been filed seeking to set aside the order of dismissal of petition filed by the petitioner under Section 348 BNSS. to recall P.W.1 the 1/3

complainant for cross examination.

The case in S.T.C.No.154 of 2022 is pending from the year 2022. This Court vide its order dated 27.12.2024 ordered notice to respondent and permitted private notice also and the matter was directed to be listed on 08.01.2025.

Today, i.e. on 08.01.2025, when the matter is called for hearing, it is seen that notice has not been served on the respondent as ordered by this Court and proof not filed.

Hence, this criminal original petition stands dismissed for default. 08.01.2025 Speaking Order/Non Speaking Order cgi To The Judicial Magistrate, Fast Tract Court (Magisterial Level), Poonamallee 2/3

P.VELMURUGAN, J., cgi Crl.O.P.No. 32598 of 2024 08.01.2025 3/3