Madras High CourtCRL MP(MD)/4686/2021ordered

E.Esakkimuthu v. The Commissioner Of Police

2021-07-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Monday, the Twelfth day of July, Two Thousand and Twenty One PRESENT The Honourable Mr.Justice G.ILANGOVAN in CRL OP(MD) No.5152 of 2021 E.Esakkimuthu (M,36/2021) S/o. Esakiraj, 80/3, Thulasiram Road, Meenakshi Nagar, Villapuram, ... Petitioner/Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of Police,

2. The Assistant Commissioner Of Police, Office of the Assistant Commissioner of Police, Law and Order,

3. The Inspector of Police, B4 Keeraithurai Police Station, Madurai District. ... Respondents/Respondents Prayer :- Criminal Miscellaneous Petition has been filed under Section 482 of the Code of Criminal Procedure, praying this Hon'ble Court to restore the Criminal original Petition in Crl.O.P.(MD) No. 5152/2021 which was dismissed by this Hon'ble Court for nonprosecution dated 26.04.2021 in accordance with law. Prayer in Crl.OP(MD) No.5152 of 2021:

Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying this Hon'ble Court to direct Respondent No.1 and Respondent No.2 to strictly instruct the Respondent No.3 not to harass the petitioner by considering the petitioner's representations dated 19.03.2021 and 31.03.2021 in accordance with law.

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ORDER:- This Criminal Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Alagumani, Advocate for the Petitioner and of Mr.R.Srinivasan, Government Advocate(Crl. Side) appearing on behalf of the Respondents, this Court made the following Order:

1. This petition has been filed to restore the Criminal Original Petition in Crl.O.P(MD) No.5152 of 2021, which was dismissed by this Court for non-prosecution on 26.04.2021.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl.Side).

3. The learned counsel for the petitioner would submit that due to misconception with regard to the listing of the matter, he was not in a position to make a submission before this Court on the date of listing.

4. Considering the submission made by the learned counsel for the petitioner, this petition is allowed and Crl. OP(MD) No.5152 of 2021 is restored to file.

5. Registry is directed to list the above matter in regular course.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Commissioner of Police, Office of the Commissioner of Police,

2. The Assistant Commissioner Of Police, Office of the Assistant Commissioner of Police, Law and Order,

3. The Inspector of Police, B4 Keeraithurai Police Station, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, 2/3

Copy to:

The Section Officer, Criminal Section Section, Madurai Bench of Madras High Court, ORDER DATED : 12/07/2021 ========================== Restoration ========================== in CRL OP(MD) No.5152 of 2021 Giving direction and etc.

as stated within.

dks(CO) KB(20.07.2021) 3P 6C 3/3