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Madras High CourtCRL MP(MD)/5736/2022ordered

Murugesh Pandian v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD). No.5736 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Ninth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD). No.5736 of 2022 in CRL RC(MD).No.186 of 2022 Murugesh Pandian ... Petitioner/Petitioner Vs The Inspector of Police Cheranmahadevi Police Station Tirunelveli District.

(In Crime No.301/2007) ... Respondent/Respondent Prayer :- This Petition filed under Section 482 of Cr.P.C to set aside the order of dismissing the Criminal Revision Petition for non Prosecution dt.11/4/2022 Passed in Crl.RC(MD)No.186 of 2022 and restore the same.

Prayer in CRL RC(MD). 186 of 2022 :

This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C to call for the records on the file of the learned Ist Additional District and Sessions Judge, (Full incharge) IV Additional District and Session Judge, Tirunelveli in C.A.No. 94 of 2017 judgment dated. 09.10.2020, confirming the conviction and sentence imposed by the learned District cum Judicial Magistrate Cheranmahadevi, Tirunelveli District in C.C. No.67 of 2008 by the Judgment dated 20.11.2017.

ORDER:- This Revision 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.S.Sathya Chidambaram, Advocate for the Petitioner and of Thiru.M.Aasha, Government Advocate(Crl side) for the respondent, this Court made the following order: Heard both sides.

2.This petition has been filed by the petitioner seeking to set aside the dismissal order dated 11.04.2022 and restore Crl.R.C(MD) No.186 of 2022 which was dismissed for non-prosecution on 11.04.2022.

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CRL MP(MD). No.5736 of 2022 3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, the dismissal order dated 11.04.2022 passed in Crl.R.C(MD)No.186 of 2022 is set aside and Crl.R.C(MD)No.186 of 2022 is restored to file. 4.This petition is ordered accordingly.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ps TO

1. The IV Additional District and sessions Judge, Tirunelveli

2. The District Munsif cum Judicial Magistrate, Cheanmahadevi, Tirunelveli

3. The Inspector of Police Cheranmahadevi Police Station, Tirunelveli District.

4. The Additional 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 : 29/04/2022 ==========================

ORDER

========================== CRL MP(MD). No.5736 of 2022 in CRL RC(MD).No.186 of 2022 Giving direction and etc.

as stated within.

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