Kannaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Appellate Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand and Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.5737 of 2016 IN CRL A(MD) No.7 of 2015 KANNAIYAN ... APPELLANT/SOLE ACCUSED. Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVANAM POLICE STATION, THANJAVUR DISTRICT, CR NO. 35/2011. ... RESPONDENT/COMPLAINANT. Prayer:

Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. Praying this Hon'ble Court to restore the Crl. A. NO. 7/2015 on its file which was dismissed for non prosecution on 15.04.2016. Prayer in CRL A(MD)No. 7 of 2015:

Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973 against the Judgment dated 17.12.2014 passed in Sessions Case No. 87 of 2012 by the III Additional Sessions Court, Pattukkottai, Thanjavur District.

Order : This petition is coming on for orders on this day upon perusing the petition and upon hearing the arguments of M/S M.SUBASH BABU, Advocate for the petitioner/Appellant and of MR.T.RAMACHANDRAN, Additional Public Prosecutor, for the Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

2. This Petition is to restore the Appeal in Crl.A(MD)No. 7 of 2015, which was dismissed for default, on 15.04.2016. https://hcservices.ecourts.gov.in/hcservices/

3. The Petitioner, in the affidavit filed in support of the interlocutory Application, indicated the reasons for the non-appearance of his counsel on the date of hearing. We are, therefore, of the view that the petition deserves to be allowed.

4. In the result, this petition is allowed. The Appeal in Crl.A(MD) No.7 of 2015 of 2015 is restored to file.

Sd/- Assistant Registrar(CS-I) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1 THE III ADDITIONAL SESSIONS JUDGE, PATTUKKOTTAI, THANJAVUR DISTRICT.

2 DO THRO THE PRINCIPAL DISTRIT JUDGE, THANJAVUR.

3 THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR.

4 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

5 THE SUPERINTENDENT OF CENTRAL PRISON, TIRUCHIRAPPALLLI. 6 THE DISTRICT COLLECTOR, THANJAVUR.

7 THE DIRECTOR GENERAL OF POLICE, MYLAPORE,CHENNAI-9 8 THE INSPECTOR OF POLICE THIRUVANAM POLICE STATION, THANJAVUR DISTRICT, 9 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy to: The section Officer, Criminal Section, Madurai Bench of Madras High court, Madurai ORDER DATED: 19/07/2016

ORDER

CRL MP(MD) No.5737 of 2016 IN CRL A(MD) No.7 of 2015 Giving directions etc., as stated within.

https://hcservices.ecourts.gov.in/hcservices/ AM/SK.SKN/SAR-I/25.07.2016/2P/11C