Madras High CourtCRL MP(MD)/13108/2023dismissed

U.Muruganantham v. Minor Kavin

2023-11-02Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Second day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL.R.C No.807 of 2016 U.Muruganantham ... Petitioner/Petitioner Vs 1 Minor Kavin 2 Minor Divyadharshini (Minors Rep by Her Grandfather And Guaridan Ramu) ... Respondents/Respondents Prayer in CRL MP(MD). No.13108 of 2023:- This Criminal Miscellaneous Petition is filed under section 482 of Cr.p.c., to restore the Crl.R.C.807/2016 which was dismissed on 25.06.2021 for nonprosecution dispose off the same on merits. Prayer in Crl.RC(MD)No.807 of 2016:- This Criminal Revision petition is filed under section 397 and 401 of Cr.P.C.,to call for records and allow the Criminal Revision case setting aside the order passed in MC NO.20 of 2013, dated 20.09.2016 on the file of the Judicial Magistrate Court, Devakottai.

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 1/3

Mr.V.Nagendran, Advocate for the Petitioner and of Mr.Palani Velayutham, Advocate for the respondent, this Court made the following order: This Petition has been filed seeking orders to restore the Criminal Revision Case in Crl.R.C.(MD)No.807 of 2016, which was ordered to be dismissed for nonprosecution on 25.06.2021. 2.This Court Passed an order on 25.06.2021, which reads as follows: "When the matter was taken up for hearing on 29.03.2021, there was no representation on behalf of the petitioner. Hence, the matter was posted under the caption "for dismissal" on 08.04.2021.

2.Even today (i.e., on 25.06.2021), there is no representation on behalf of the petitioner. Hence, this Criminal Revision Case is dismissed for non-prosecution. Consequently, connected miscellaneous petition is closed.

3.This Court does not find any merits in this petition and prima facie feels that the learned counsel for the petitioner intentionally evaded from contesting the case. 2/3

4.Accordingly, this Criminal Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // /02/2024 Sub Assistant Registrar (CS-I,II,III,IV) TO The Judicial Magistrate Court, Devakottai.

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-15964[I] dated 06/11/2023 ) ORDER DATED : 02/11/2023 ==========================

ORDER

========================== in Crl .RC No.807 of 2016 Giving direction and etc.

as stated within.

KB(07.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3