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Madras High CourtCRL MP(MD)/2943/2024allowed

Palraj v. Jebin R Oliver

2024-04-05Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Fifth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL MP(MD). No.2943 of 2024 in CRL OP(MD)No.6088 of 2021

1. Palraj

2. Arul Jebakumar

3. C.Nijin ... Petitioners/Petitioners Vs Jebin R.Oliver ... Respondent/Respondent Prayer :- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C.,to Set aside the order of dismissal for Non-Prosecution dt 30.01.2024 passed in the above Crl.O.P.(MD).No.6088/2021 and restore the said Criminal Original Petition on file and thus render justice.

Prayer in CRL OP(MD). 6088/ 2021 :

Criminal Original Petition filed under Section 482 Cr.P.C.,to call for the records relating to the C.C.No.41 of 2021 pending on the file of the learned Judicial Magistrate No.II, Padmanabhapuram and quash the same. 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. K Samidurai, Advocate for the Petitioners and of M/s. G Aravinthan, Advocate for the sole respondent(s), this Court made the following order: 1/3

This petition has been filed to restore the Criminal Original Petition in Crl.O.P (MD).No.6088 of 2021, which was dismissed for non prosecution on 30.01.2024.

2. Heard the counsel for the petitioner.

3. The learned counsel appearing for the respondent has no objection to allow this petition.

4. In view of same, this petition is allowed and the Crl.O.P(MD).No.6088 of 2021 is restored to file.

5. Registry is directed to post the Crl.O.P(MD).No.6088 of 2021 before this Court on 16.04.2024.

Sd/- Assistant Registrar(CS III) // True Copy // /04/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO The Judicial Magistrate No.II, Padmanabhapuram.

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Copy to:

1 The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 2 THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATED : 05/04/2024 ==========================

ORDER

========================== CRL MP(MD). No.2943 of 2024 in CRL OP(MD)No.6088 of 2021 Giving direction and etc.

as stated within.

MK/15.04.2024 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3