Madras High CourtCRL MP(MD)/1524/2020ordered

Rajendran v. The Inspector Of Police

2020-02-18Honourable Mr Justice M. Nirmal Kumar2 pages

CRL MP(MD). No.1524 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Tuesday, the Eighteenth day of February Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD). No.1524 of 2020 in CRL RC(MD)No.392 of 2010 1 Rajendran 2 Anguchamy ... Petitioners/Petitioners Vs State Rep by The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

(Crime No.42/2006) ... Respondent/Respondent PRAYER IN CRL MP(MD)No.1524 of 2020:

Criminal Miscellaneous Petition is filed under Section 482 of Criminal Procedure Code, praying this Hon'ble Court to restore the Crl.RC(MD)No.392 of 2010 on the file, which was dismissed for non prosecution dated 04.10.2018. PRAYER IN CRL RC(MD)No.392 of 2010:

Criminal Revision Case is filed under section 397 and 401 of Criminal Procedure Code, against the judgment dated 21.04.2010 made in C.A.No.19 of 2009 on the file of the Additional District and Sessions Judge(Fast Track Court), Ramanathapuram, confirming the judgment dated 16.11.2009 made in C.C.No.353 of 2006 on the file of the Judicial Magistrate, Paramakudi.

ORDER: Criminal Miscellaneous Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.Veerakumar, Advocate for the Petitioner and of Mr.K.Suyambulinga Bharathi, Government Advocate(Criminal Side) on behalf of the Respondent, this Court made the following order:

This petition has been filed to restore Crl.RC.(MD).No.392 of 2010, which was dismissed for non prosecution by this Court on 04.10.2018.

2. Heard the learned counsel appearing for the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.1524 of 2020

3. The learned Government Advocate (Criminal side) appearing for the respondent has not raised any serious objections. 4.This Court in Crl.M.P.(MD).No.1524 of 2020 has already condoned the delay of 460 days in filing the restoration petition in Crl.RC.(MD).No.392 of 2010 on 12.02.2020.

5. In view of the same and being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and Crl.RC.(MD).No.392 of 2010 is restored on file.

6. Registry is directed to list the case on 25.02.2020 for final hearing.

Sd/ Assistant Registrar(AD II) /True copy/ /02/2020 Sub Assistant Registrar TO 1.The Judicial Magistrate, Paramakudi, Ramnad District.

2.The Chief Judicial Magistrate, Ramanathapuram.

3.The Additional District and Sessions Judge, (Fast Track Court), Ramanathapuram.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (To list the case on 25/02/2020) ORDER DATED : 18/02/2020 ==========================

ORDER

========================== CRL MP(MD). No.1524 of 2020 in CRL RC(MD)No.392 of 2010 Giving direction and etc.

as stated within.

KK/SAR/21.02.2020/2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2