Madras High CourtCRL MP(MD)/2743/2024allowed

Sivaramakrishnan v. The Inspector Of Police

2024-03-08Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP in CRL OP(MD)No.413 of 2024 1 Sivaramakrishnan 2 Rameshkumar 3 Rajivkumar 4 Koodiswaran 5 Theivam ... Petitioners/Petitioners Vs 1 The Inspector of Police, Odaipatti Police Station, Odaipatti, Theni District.

Crime No. 48/2011 2 V.Jeya Prabu S/o Vellaipandi ... Respondents/Respondents Prayer :- Criminal miscellaneous Petition is filed Under Section 482 of Cr.P.C to set aside the order of dismissing the criminal original petition for non prosecution dt. 24.01.2024 made in Crl O.P (MD) No. 413 of 2024 and restore the same . Prayer in CRL OP(MD). 413/ 2024 :

Criminal original petition filed Under section 482 of the code of Criminal procedur,1973,to call for the records in CC No.491/2023 on the file of the Judicial Magistrate Court, Uthamapalayam pending disposal of the above Criminal Original Petition before this Court.

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ORDER:- This 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 M/s. M A M Raja, Advocate for the Petitioner and of M/s. M.Veeranthiran , Government Advocate for the respondents, this Court made the following order: This Petition is filed to set aside the order of dismissing Crl.O.P.(MD) No.413 of 2024 for non-prosecution dated 24.01.2024 and to restore the same. 2.Being satisfied with the reasons stated in the affidavit filed in support of this Petition, this Petition is allowed.

3.Registry is directed to restore the Petition in Crl.O.P.(MD) No.413 of 2024 and list the same in the normal course subject to the condition that the Petitioner shall pay a sum of Rs.200/- to the Legal Aid Services Committee attached to this Bench.

Sd/- Assistant Registrar (CS-I) // True Copy // /03/2024 Sub Assistant Registrar (CS-I / II / III / IV) Mm 2/3

TO 1 The Judicial Magistrate, Uthamapalayam .

2 The Inspector of Police, Odaipatti Police Station, Odaipatti, Theni District.

3 The Additional public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:- 1.The Section Officer, Criminal section, Madurai Bench of Madras High Court, Madurai. 2.The Officer Incharge , Legal Aid Services Committee, Madurai Bench of Madras High Court, Madurai. + 1 CC TO M/S.M.A.M.Raja,Sr.11193.

ORDER DATED : 08/03/2024 ========================== RESTORE ========================== in CRL OP(MD)No.413 of 2024 Giving direction and etc.

as stated within.

RD(18/03/2024) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3