Madras High CourtCRL MP(MD)/825/2022allowed

A. Iruthayarajan v. V. Selva Anitha

2022-02-21Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD). No.825 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Twenty First day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD)No.825 of 2022 in Crl.OP(MD)No.20838 of 2018 A.Iruthayarajan ... Petitioner/Petitioner Vs V.Selva Anitha ... Respondent/Respondent Prayer in Crl.MP(MD)No.825 of 2022 :- Criminal Miscellaneous Petition is filed under Section 482 of Cr.P.C., to restore the criminal original petition in Crl.O.P(MD)No.20838/2018, which was dismissed for default on 30-11-2021.

Prayer in Crl.OP(MD)No.20838 of 2018:- Criminal Original Petition is filed under Section 482 of Cr.P.C., to set aside the order dated 28.09.2018 passed in Revision Petition No.23 of 2017 on the file of the Principal Sessions Court, Kanyakumari District at Nagercoil confirming the order dated 03.07.2017 passed in M.C.No.28 of 2015 on the file of the Chief Judicial Magistrate Court, Nagercoil, Kanyakumari District by allowing this Criminal Original Petition. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Pragalathan, Advocate for the Petitioner and of Mr.S.Palanivelayutham, Advocate for the respondent, this Court made the following order:- The Crl.O.P.(MD) No. 20838 of 2018 was dismissed for default by this Court, for the non-appearance of the petitioner.

2. The learned counsel for the petitioner would submit that on the date of hearing, he has failed to note the same. Therefore, he has not appeared before this Court. He would further submit that the petitioner has already deposited a sum of Rs.80,000/- as per order of this Court and he is also ready to make his submission on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.825 of 2022 07.03.2022.

3. Considering the above said submission made by the learned counsel for the petitioner, this petition is ordered.

4. Registry is directed to restore the main original petition and list the main matter on 07.03.2022, for final disposal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Principal Session Judge, Kanyakumari District at Nagercoil.

2.The Chief Judicial Magistrate, Nagercoil, Kanyakumari District.

Copy to:- The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 21/02/2022 ==========================

ORDER

========================== CRL MP(MD)No.825 of 2022 in Crl.OP(MD)No.20838 of 2018 Giving direction and etc.

as stated within.

ks(CO) TR(02.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2