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Madras High CourtCRL MP(MD)/3898/2023allowed

G.Akilandeshwari v. R.Ganesh Kumar

2023-07-11Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eleventh day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.996 of 2022 G.Akilandeshwari ... Petitioner/Petitioner/Petitioner/Appellant Vs 1 R.Ganesh Kumar 2 R.Rethinam 3 M.Rajamuniyandi 4 G.Sangeetha ... Respondents/Respondents/Respondents/ Respondents Prayer in CRL MP(MD). No.3898 of 2023:

Criminal Miscellaneous Petition filed under section 482 of Cr.p.c To restore the Crl RC(MD) No.996/2022 by setting aside the order of dismissal dt.02.02.2023 before this Hon'ble Court and decide the matter on merits and thus render justice. Prayer in CRL RC(MD) No.996 of 2022:

Criminal Revision Case filed under section 397 r/w 401 Cr.p.c. To call for the records pertaining to the Judgment,passed by the learned Principal District and Sessions Judge, Tiruchirappalli in Crl.MP.No.3007 of 2020, dated 04.08.2022 in Crl.A.S.R. No.3376/2020, to condone the delay of 188 days to file the Criminal Appeal against the Judgment passed by the learned Additional Mahila Judge, Tiruchirappalli in MC No.27 of 2015, dated 08.07.2019 and set aside the same. 1/3

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 Mr.T.A.Punithan Advocate for the Petitioner and of Mr.K.Muthumalai Advocate for the Respondents, this Court made the following order: This petition has been filed to set aside the order, dated 02.02.2023 passed in Crl.R.C. (MD).No. 996 of 2022, which was dismissed for default, and restore the same on file.

2. Heard both sides.

3. Considering the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the Crl.R.C(MD).No.996 of 2022 is restored to file.

Sd/- Assistant Registrar (CS-III) // True Copy // /11/2023 Sub Assistant Registrar(CS) trp TO 1.The Principal District and Sessions Judge, Tiruchirappalli.

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2 The Additional Mahila Judge, Tiruchirappalli.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 11/07/2023 ==========================

ORDER

========================== in CRL RC(MD) No.996 of 2022 Giving direction and etc.

as stated within.

RD(21/11/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3