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Madras High CourtCRL MP(MD)/14110/2024allowed

Sekar, v. The State Of Tamil Nadu

2025-01-02Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Second day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Sekar, S/o. Sothiveeran, Veeravalli K. Pettai Village, Kulithalai Taluk, Karur District.

... Petitioner/Petitioner/Accused Vs 1.The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Karur District, Crime Branch,Karur.

(Crime No. 2 of 2015) ... Respondent/Respondent/Complainant Prayer :- To set aside the order dated 15.07.2019 passed in Crl.R.C.(MD). No. 170 of 2019 on the file of this Honourable Court, which was dismissed for non prosecution and RESTORE it to the file for fresh disposal on merits and pass such other or further orders as this Honourable Court may deem fit and proper in the circumstances of this case.

Crl.R.C.(MD) No. 170 of 2019 This Criminal Revision has been filed under Section 397 read with 401 of Criminal Procedure Code, to call for the records of the Judgment made in C.A.No.112 of 2017 dated 19.01.2018 on the file of the Principal Sessions Judge, Karur by party allowing the appeal against the Judgment of Conviction passed in 1/4

C.C.No. 46 of 2018 dated 20.06.2017 on the file of the learned Judicial Magistrate No. II, Kulithalai, Karur District.

ORDER:- This Criminal Revision 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 Thiru Mr.V. Karuna, Advocate for the Petitioner and of Thiru.Mr. M. Vaikkam Karunanithi Government Advocate Criminal Side) for the respondent, this Court made the following order: "This Criminal Miscellaneous Petition has been filed to set aside the order of this Court in Crl.R.C.(MD)No.170 of 2019, which was dismissed for non-prosecution on 15.07.2019 and restore the same for fresh disposal on merits.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent, and I have perused the affidavit filed in support of this petition.

3. The learned Government Advocate (Criminal Side) has not raised any objection to this petition.

4. Being satisfied with the reasons stated in the affidavit, this Criminal Miscellaneous Petition is allowed."

Sd/- Assistant Registrar (CO) 2/4

// True Copy // /01/2025 Sub Assistant Registrar (CS-I/II/III/IV) mkn TO

1. The Principal Sessions Judge, Karur

2. The Judicial Magistrate No. II, Kulithalai, Karur District

3. The Sub Inspector of Police, Karur District, Crime Branch, Karur

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

The Section Officer, Criminal Section,(Posting), Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 02/01/2025 NEXT HEARING DATE 09.01.2025 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

SL(07.01.2025)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4