Madras High CourtCRL MP(MD)/5721/2021ordered

Selvam v. The Inspector Of Police

2021-08-11Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD). No.5721 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Wednesday, the Eleventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD). No.5721 of 2021 in CRL OP(MD). No.7937 of 2021 Selvam Petitioner/ Petitioner Vs The Inspector of Police District Crime Branch Sivagangai District Cr No.13/2020 Respondent/Respondent Prayer in CRL MP(MD). 5721/ 2021 :- This petition filed under sec. 482 of Cr.P.C., to restore the above petition in Crl.O.P.(MD) No.7937/2021, which was dismissed for non-prosecution on 01/07/2021 .

Prayer in CRL OP(MD). 7937/ 2021 :

This petition filed under sec. 482 of Cr.P.C., to direct the Respondent to file the final report in Crime no.13 of 2020 on the file of the Respondent within the time stipulated as fixed by this Honourable Court.

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. K. Manavalan, Advocate for the Petitioner and of Mr. R.M. Anbunithi, Additional Public prosecutor for the respondent, this Court made the following order: This petition has been filed to set aside the order of dismissal on 01.07.2021.

2.Due to the non-appearance of the petitioner, Crl.O.P(MD) No.7937 of 2021 was dismissed for default on 01.07.2021. 3.The learned counsel for the petitioner would submit that due to miscommunication on the part of the Advocate, who is appearing for the petitioner, it has been dismissed for default. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.5721 of 2021 4.Considering the request made by the learned counsel for the petitioner, the order of dismissal is set aside. Crl.O.P(MD) No.7937 of 2021 is restored to file.

5.Accordingly, this Criminal Miscellaneous Petition is allowed. List the main Original Petition on 14.09.2021. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Inspector of Police, District Crime Branch, Sivagangai District.

2. 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 : 11/08/2021 HEARING DATE : 14/09/2021 ==========================

ORDER

========================== CRL MP(MD). No.5721 of 2021 in CRL OP(MD). No.7937 of 2021 Giving direction and etc.

as stated within.

KB(17.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2