Madras High CourtCRL MP(MD)/7086/2021allowed

Nijanthan @ Akkini v. The Deputy Superintendent Of Police

2021-09-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Sixteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL OP(MD). No.8222 of 2021 1)Nijanthan @ Akkini, S/o. Pitchaipandi, Keeladi Village, Thirupuvanam Taluk, Sivagangai District.

2) Premraj,

3) Premkumar

4) Pandiarajan

5) Ragupathy

6) Tamilarasan

7) Panneerselvam

8) Pitchaipandi

9) Kalaiyarasan ... Petitioners/Petitioners Vs 1)The Deputy Superintendent Of Police, Manamadurai, Sivagangai District.

2)The Inspector of Police Thirupuvanam Police Station, Sivagangai District.

(Cr.No. 129 of 2021) 3)Muneeswaran ... Respondents/Respondents Prayer in CRL MP(MD).No.7086 of 2021:- This Criminal Miscellaneous Petition, is filed U/S.482 of Cr.P.C., to restore the quash petition in Crl.O.P.(MD).No.8222 of 2021 which was dismissed for default on 11.08.2021. Prayer in CRL OP(MD).No.8222 of 2021:- This Criminal Original Petition is filed U/S.482 of Cr.P.C., to call for the records in Cr.No.129 of 2021 pending investigation on the file of the respondent Police and quash the same and pass such further or other orders as this Honble Court. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in 1/3

support thereof and upon hearing the arguments of Thiru. S. Muniyandi, Advocate for the Petitioners and of Thiru.K.Sanjai Gandhi, Government Advocate, for the respondents 1 & 2, and upon considering this court earlier order dated 11.08.2021 in Crl.O.C. (MD).No.8222 of 2021, this Court made the following order: This petition is filed to set aside the dismissal order dated 11.08.2021 and restore the main Criminal Original Petition to file. 2.The main petition was filed seeking quashment of the First Information Report in Crime No.129 of 2021 on the file of the respondent police. When the main petition was called, there was no representation on the side of the petitioner. Hence, it was dismissed on 11.08.2021.

3.The learned counsel for the petitioner would submit that due to connectivity problem, he was not able to appear before this Court through video conference.

4.Considering the nature of request made by the learned counsel for the petitioner, this Court is of the view that one more opportunity should be given to the learned counsel for the petitioner to argue the case. Accordingly, this petition is allowed. The main Criminal Original Petition in Crl.O.P(MD)No.8222 of 2021 is restored to file.

5.List the main petition on 22.10.2021.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1.The Deputy Superintendent Of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police Thirupuvanam Police Station, Sivagangai District.

(Cr.No. 129 of 2021).

3.The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.

2/3

Copy to:

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

ORDER DATED : 16/09/2021 ========================== RESTORED ORDER ========================== in CRL OP(MD). No.8222 of 2021 Giving direction and etc.

as stated within.

RS (24.09.2021) 3P 5C 3/3