Venkadesan v. Kawsalyadevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Twenty First day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL MP(MD). No.12301 of 2024 in CRL RC(MD).1078 of 2023 Venkadesan ... Petitioner/Appellant Vs 1 Kawsalyadevi 2 Minor Rithik 3 Minor Rishik 2 & 3 Respondent Rep Through His Mother and Natural Guardian Mrs.Kawsaly ... Respondents/Respondents Prayer in CRL MP(MD). No.12301 of 2024:- Criminal Miscellaneous Petition filed under section 528 of BNSS pleased to Restore the Criminal Revision petition in Crl RC(MD) No.1078/2023 on file of this Honble Court on the file which was dismissed for non prosecution by setting aside the order dt.25.04.2024.

Prayer in CRL RC(MD). 1078/ 2024 :

Criminal Revision Petition has been filed Under Section 379 r/w 401 of Criminal Procedure code pleased to call for the records pertaining to the order dt. 22.10.2024 made in Cr.M.P no. 4152 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.

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ORDER:- This Criminal Miscellaneous 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.S.Moorthy, Advocate for the Petitioner and of Mr.Ak.Gopalan, Advocate for the respondents, this Court made the following order: This Criminal Miscellaneous Petition has been filed to restore the Criminal Revision Case in Crl.R.C.(MD)No.1078 of 2023, which was dismissed for nonprosecution on 25.04.2024.

2. Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.1 to 3.

3. The learned counsel for the petitioner has produced the certified copy of a memo filed before the Judicial Magistrate, Nilakottai stating that a sum of Rs.3,60,000/- (Rupees Three Lakhs and Sixty Thousand only) has been paid to the respondent on 10.05.2024.

4. Considering the above facts, and also considering the reasons stated in the affidavit filed in support of this petition, this Criminal Miscellaneous Petition is allowed.

Sd/- Assistant Registrar(CO) // True Copy // /12/2024 Sub Assistant Registrar (CS - I/ II / III /IV) 2/3

mkn TO 1 The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur 2 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (To restore the case in Crl.R.C.(MD)No.1078 of 2023 and list the same on 12.12.2024) ORDER DATED : 21/11/2024 ==========================

ORDER

========================== CRL MP(MD). No.12301 of 2024 in CRL RC(MD).1078 of 2023 Giving direction and etc.

as stated within.

MK/02.12.2024 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3