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Madras High CourtCRL RC(MD)/661/2026allowed

Ramakrishnan v. The State Of Tamilnadu Rep By The Inspector Of Police,

2026-04-15Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.7981 of 2026 Ramakrishnan ... Petitioner/Appellant/A1 Vs.

State of Tamil Nadu rep. by The Inspector of Police, C.C.I.W, CID(EOW), Tirunelveli District.

(Crime No.5 of 2006) ... Respondent/Respondent/ Complainant PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records from the lower Court and duly set aside the order passed by learned I Additional District and Sessions Judge, Tirunelveli District in C.A.No.192 of 2023 dated 23.01.2026 in confirming the judgment of the learned Judicial Magistrate Court No.II, Tirunelveli District in C.C.No.3 of 2009 dated 30.10.2023. For Petitioner : Mr.R.Anand for Mr.R.Muthuram For Respondent : Mr.S.Ravi Additional Public Prosecutor 1/4

ORDER

Challenging the impugned order passed by the learned I Additional District and Sessions Judge, Tirunelveli District in C.A.No. 192 of 2023 dated 23.01.2026 in confirming the judgment of the learned Judicial Magistrate Court No.II, Tirunelveli District in C.C.No.3 of 2009 dated 30.10.2023, this criminal revision case is filed.

2. The learned I Additional District and Sessions Judge, Tirunelveli District had dismissed the appeal in C.A.No.192 of 2023 by the impugned order dated 23.01.2026. The said judgment was passed only after recording the fact that the petitioner and his counsel had failed to prosecute the case despite being given time from 21.02.2024 till the date of pronouncing judgment on 23.01.2026 and the same was dismissed only for non-prosecution of the petitioner.

3. Considering the fact that the criminal appeal was dismissed only for non-prosecution, the impugned order passed by the learned I Additional District and Sessions Judge, Tirunelveli District in C.A.No. 192 of 2023 dated 23.01.2026 is set aside and the matter is remanded 2/4

back to the I Additional District and Sessions Judge, Tirunelveli District, with a precise direction to dispose of the same within a period of one month from the date of receipt of copy of this order. It is made clear that the petitioner will not seek any adjournment before the learned I Additional District and Sessions Judge, Tirunelveli District beyond a period of one month for conclusion of the said criminal appeal. This Court makes it clear that if the petitioner indulges in tactics to seek adjournment beyond the period of one month, the criminal appeal shall be decided on merits in the absence of appellant.

4. Accordingly, this Criminal Revision Case is allowed. Consequently, connected Miscellaneous Petition is closed. 15.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : Issue order copy on 17.04.2026.

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L.VICTORIA GOWRI ,J.

gbg To 1.The I Additional District and Sessions Judge, Tirunelveli District.

2.The Judicial Magistrate Court No.II, Tirunelveli District.

3.The Inspector of Police, C.C.I.W, CID(EOW), Tirunelveli District.

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

Order made in Dated: 15.04.2026 4/4