Madras High CourtCRL MP(MD)/11270/2017ordered

P. Sivasubramanian v. Murugan

2017-12-14Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.11270 of 2017 IN CRL OP(MD) No.9861 of 2016 P.SIVASUBRAMANIAN ... PETITIONER/PETITIONER/INTERVENOR Vs 1 MURUGAN 2 G.ANANDA KUMAR 3 S.RAJASEKAR ...RESPONDENTS 1 TO 3/PETITIONERS 4 STATE REP. BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION VIRUDHUNAGAR DISTRICT.

...4th RESPONDENT/1st RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to restore the Crl.M.P(MD).No.10144/2017 in Crl.O.P(MD).No.9861/2016 by setting aside the order dated 10/11/2017 passed in Crl.M.P(MD). No.10144/2017.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.VENKATESH, Advocate for the petitioner and of Mr.M.MURUGAN, Government Advocate (Crl.side) for Mr.K.ANBARASAN, Government Advocate (Crl.side) on behalf of the 4th Respondent the court made the following order:- When the matter came up for hearing on 09.11.2017, there was no representation on behalf of the petitioner and hence, it was posted today under the caption "For dismissal". Thereafter, on 10.11.2017, when the matter was taken up for hearing, there was no representation for the petitioner. Hence, the criminal original petition is dismissed for non-prosecution.

2.Aggrieved by the said order, the petitioner filed a present petition for restoration in Crl.M.P.(MD)No.10144 of 2017 in Crl.O.P.(MD)No.9861 of 2016.

3.I have perused the affidavit, I am satisfied with the reasons stated in the affidavit to restore the criminal original petition.

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4.Accordingly, this petition is ordered. The Registry is directed to restore the criminal original petition on file. sd/- 14/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION,VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER IN CRL MP(MD) No.11270 of 2017 IN CRL OP(MD) No.9861 of 2016 Date :14/12/2017 rmi SH/RR/SAR-4:27.12.2017:2p/5c https://hcservices.ecourts.gov.in/hcservices/