A.Subramanian v. Iop Kuniamuthur Ps Coim

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.24074 of 2018 A.Subramanian .. Petitioner Vs The State rep. By The Inspector of Police, Kuniamuthur Police Station, Coimbatore.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the dismissal order dated 04.06.2018 on the file of Judicial Magistrate No.VII, Coimbatore and restore the complaint given by the petitioner and to investigate the matter for necessary action.

For Petitioner : Mr.R.Chandrasekaran For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to set aside the dismissal order dated 04.06.2018, passed by the Judicial Magistrate No.VII, Coimbatore and restore the complaint given by the petitioner and to further investigate the matter.

2. The petitioner filed a private complaint before the Judicial Magistrate Court No.VII, Coimbatore, for the offences under Sections 499, 500, 502(b) and 506(ii) IPC. The trial Court adjourned the complaint for various dates, since, the complainant was absent. Ultimately, the complaint was dismissed for non prosecution, even before the cognizance was taken. Challenging the said order, the complainant is before this Court.

3. Heard the learned counsel for the complainant.

4. In the opinion of this Court, the trial Court was just in dismissing the complaint for non prosecution, since, the adjudication shows that from 09.02.2018 to 04.06.2018, neither the complainant nor his counsel was present before the trial https://hcservices.ecourts.gov.in/hcservices/

Court. Therefore, the order passed by the trial Court does not warrant interference by this Court.

5. Since the complaint was not dismissed under Section 256 Cr.P.C. after taking cognizance, liberty is granted to the petitioner to file a fresh complaint. However, in the fresh complaint, the petitioner should disclose the fact relating to the dismissal of the earlier complaint.

With the above observation, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mkn/ssr To

1. The Inspector of Police, Kuniamuthur Police Station, Coimbatore.

2. The Judicial Magistrate No.VII, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr. R. Chandrasekaran, Advocate Sr.70973 Crl.O.P.No.24074 of 2018 RSV(CO) EU(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/