Madras High CourtCRL MP(MD)/349/2018ordered

T.Ravikumar, v. Minor.Vijayakumar,

2018-01-23Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Third day of January Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL MP(MD) No.349 of 2018 IN CRL OP(MD) No.307 of 2012 T.RAVIKUMAR, ... PETITIONER/PETITIONER Vs 1.MINOR.VIJAYAKUMAR, 2.MINOR.ARTHI ABINAYA, REP BY HER MOTHER AND NATURAL GUARDIAN RAJESHWARI.

... RESPONDENTS/RESPONDENTS Prayer in CRL MP(MD).No.349 of 2018:- This petition filed under section 482 of Criminal Procedure Code, praying to restore the Criminal Original Petition in Crl.O.P. (MD)No.307/12 which was dismissed for default on 4.12.2017. Prayer in CRL OP(MD). 307/ 2012 :

This petition filed under section 482 of Cr.P.C praying to set aside the order passed in Crl.R.C.No.22 of 2011 dated 03.08.2011 on the file of the Additional District Sessions Judge (Fast Track Court No. 1), Tirunelveli confirming the order passed in M.C.No. 6 of 2008 on the file of the Judicial Magistrate, Thenkasi dated. 15.02.2011.

Order : This petition coming on for hearing on this day upon perusing the petition and affidavit and material papers of this petition and upon hearing the arguments of MR.D.Selvanayagam for MR.G.Thalai Mutharasu Advocate for the petitioner and for Respondents appear either in person or by an advocate, this Court made the following order:- Crl.O.P(MD)No.307 of 2012 was dismissed for non prosecution, on 04.12.2017, on account of the fact that there was no appearance on either side and therefore, the present petition is filed, to restore the same.

2.Heard the learned counsel appearing for petitioner and perused the affidavit filed in support of the petition. 3.Though the names of the respondents appear in the cause list, there is no representation on their behalf.

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4.This Court has satisfied with the reasons assigned in the affidavit filed in support of the petition. Therefore, this petition is ordered and Crl.O.P(MD)No.307 of 2012 stands restored to file. sd/- Assistant Registrar(CO) / TRUE COPY / Sub-Assistant Registrar TO

1. The Additional District Sessions Judge, (Fast Track Court No.1), Tirunelveli.

2. The Judicial Magistrate, Thenkasi.

ORDER DATED :23/01/2018

ORDER

CRL MP(MD) No.349 of 2018 IN CRL OP(MD) No.307 of 2012 Giving directions etc., as stated within.

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