Pandian v. The Food Inspector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.6358 of 2018 IN CRL RC(MD) No.642 of 2009 PANDIAN ... PETITIONER/ PETITIONER Vs THE FOOD INSPECTOR, SATHANKULAM PANCHAYAT UNION, SATHANKULAM, THOOTHUKUDI DISTRICT.

... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to set aside the dismissal order dated 28/06/2018 passed in the above Crl.R.C.(MD) No.642 of 2009 and restore the said Criminal Revision Petition on file and thus render justice.

PRAYER in CRL RC(MD) No.642 of 2009: Criminal Revision has been filed under Sections 397 and 401 of Criminal Procedure Code, against the judgment dated 09.11.2009 in C.A.No.72/2009 passed by the Additional Sessions Court (Fast Track Court No.II), Thoothukudi, confirming the judgment of the Judicial Magistrate, Sathankulam, dated 09.07.2009 in C.C.No.105 of 2006.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.BHARATHY, Advocate for the petitioner and of Mr.A.P.G.OHM CHAIRMA PRABHU, Government Advocate(Crl.Side) on behalf of the Respondents the court made the following order:- This petition is filed to restore Crl.RC(MD)No.642 of 2009, which was dismissed for non-prosection on 28.06.2018. 2.Heard both sides.

3.The Government Advocate (Criminal side) appearing for the respondent has no serious objection to allow this petition. 4.Being satisfied with the reasons stated in the affidavit filed in support of this petition and in the interest of justice, this petition is allowed on payment of Rs.200/- [Rupees Two hundred only] to the Legal Services Authority, attached to this Bench within a period of two weeks from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order, failing which this petition shall stand dismissed automatically without further reference to this court. sd/- 13/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL SESSIONS JUDGE, FTC NO.II, THOOTHUKUDI.

2.THE JUDICIAL MAGISTRATE, SATHANKULAM.

3. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

4.THE FOOD INSPECTOR, SATHANKULAM PANCHAYAT UNION, SATHANKULAM, THOOTHUKUDI DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.6358 of 2018 IN CRL RC(MD) No.642 of 2009 Date :13/08/2018 MS/PN/SAR-1/04.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/