Madras High CourtCRL RC(MD)/732/2021allowed

Veerasekar v. C.T.Palaniappan

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.732 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 24.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.732 of 2021 Veerasekar ... Petitioner/Complainant Vs.

1.CT.Palaniappan 2.Saminath 3.R.M.Thiyagarajan @ Thiagu 4.Chida.Suresh 5.K.R.Chinnasamy @ Selvam 6.N.Balasubramanian @ Bala 7.STT.Palaniyappan 8.AL.Ramasamy @ Ramu 9.M.Nelliyan @ Nelli ... Respondents/Respondents PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records from the trial Court and set aside the order made in C.C.No.8 of 2020, dated 12.03.2021 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, Sivagangai District by allowing this revision. For Petitioner : Mr.N.Sundaresan For RR 1, 3, 4, 5, 7 & 8 : Mrs.AL.Ganthimathi

ORDER

This Criminal Revision Case has been filed to set aside the order passed in C.C.No.8 of 2020, dated 12.03.2021 by the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, Sivagangai District.

2.The petitioner filed a private complaint and the same has been taken cognizance in C.C.No.8 of 2020 against the respondents 1 to 9 herein for the offences under Sections 147, 148, 427 and 506 (ii) of I.P.C r/w Section 3(1)(x) of SC/ST (POA) Act. However, the petitioner failed to appear before the trial Court and as such, the complaint was dismissed for default on 12.03.2021. 3.The learned counsel appearing for the petitioner would submit that the petitioner may be given one more opportunity to put forth his case.

4.Considering the above, the order passed in C.C.No.8 of 2020, dated 12.03.2021 by the learned Principal District Munsif cum https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.732 of 2021 Judicial Magistrate, Karaikudi, Sivagangai District, is set aside and the Criminal Revision Case is allowed. The learned Principal District Munsif cum Judicial Magistrate, Karaikudi, Sivagangai District, is directed to take the complaint on file and issue fresh summons to the petitioner and the respondents 1 to 9 herein and complete the trial within a period of six months from the date of receipt of a copy of this order. The petitioner is directed to appear before the trial Court on all hearings and co-operate for trial.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) Ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Principal District Munsif cum Judicial Magistrate, Karaikudi, Sivagangai District.

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

+1 CC to M/s.N.SUNDARESAN, Advocate ( SR-8841[F] dated 25/02/2022 ) Crl.R.C(MD)No.732 of 2021 24.02.2022 MGJ(05.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2