Madras High CourtCRL MP(MD)/7312/2024ordered

Ganesan v. The Sub Inspector Of Police

2024-07-23Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Tuesday, the Twenty Third day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI in CRL OP(MD). No.3742 of 2020

1. Ganesan

2. Esakkiammal @ Thamayanthi

3. Anandh ... Petitioners/Petitioners Vs.

1. The Sub Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No. 331/2017)

2. P.Rajamani ... Respondents/Respondents Prayer in CRL MP(MD). No.7312 of 2024 :- This petition filed under Section 482 of Cr.P.C to restore the Crl O.P (MD) No. 3742 of 2020 which was dismissed for non prosecution on 26.03.2024. Prayer in CRL OP(MD). No.3742 of 2020 :- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records relating to the final report pending 1/4

in S.C.No.331 of 2021 on the file of the Additional District Court, Tenkasi District 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 Mr. C.Christopher, Advocate for the Petitioner and of Mr. M.Sakthi Kumar, Government Advocate(Criminal Side) for the Respondent No.1, this Court made the following order:

This petition has been filed seeking to restore the petition in Crl.O.P(MD) No.3742 of 2020, which was dismissed for default on 26.03.2024. 2.The learned Counsel appearing for the petitioners submits that on 26.03.2024, when the petition in Crl.O.P(MD)No.3742 of 2020 was taken up for hearing, the petitioners' counsel was held before another Court. Before reaching the Court, the petition was dismissed. He further submits that even the case was not listed under the caption for dismissal., the same was dismissed on that date. 3.In view of the above, this petition is ordered. 2/4

4.Registry is directed to restore the petition in Crl.O.P(MD)No.3742 of 2020 and list the same on 25.07.2024, for final disposal. Sd/- Assistant Registrar (CO) // True Copy // 23/07/2024 Sub Assistant Registrar (CS-I , II , III, IV) LR TO

1. The Additional District Judge, Tenkasi, Tenkasi District.

2. The Sub Inspector of Police Alangulam Police Station, Tenkasi District.

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

Copy to:

The Section Officer, Criminal Posting Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 23/07/2024 ========================== RESTORATION ========================== in CRL OP(MD). No.3742 of 2020 Giving direction and etc.

as stated within.

SL(23.07.2024)/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4