Madras High CourtCRL MP(MD)/14881/2023allowed

R.Chandrasekaran v. The Inspector Of Police

2023-10-31Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Tuesday, the Thirty First day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN CRL MP(MD). No.14881 of 2023 in CRL.RC(MD) No.142 of 2014 R.Chandrasekaran ... Petitioner/Petitioner/Appellant/Sole Accused Vs The State Rep.by The Inspector of Police Traffice Police Station, Trichy District Trichy.

Crime No. 32/2010 ... Respondent/Respondent/Complainant Prayer CRL MP(MD). No.14881 of 2023:- This Criminal Miscellaneous Petition is filed under section 482 of Cr.P.C.,to restore the Crl RC (MD) No. 142/2014 by setting aside the order of dismissed for non prosecution dt. 07.03.2023 before this Honble court and decide the matter on merits.

Prayer in Crl.RC(MD) No.142 of 2014:- This Criminal Revision petition is filed under section 397 r/w 401 Cr.P.C., against the judgment and conviction passed by the Judicial Magistrate No.V, Tiruchirappalli District in CC No.61 of 2010 dated 23.04.2013 for the offence under section 304 A of IPC and sentencing accused to undergo one year simple imprisonment and to pay a fine of Rs.2000/- and in default to undergo one month simple imprisonment and the same was confirmed by the 1st Additional District Judge(PCR) Tiruchirappalli, in CA No.16 of 2013 dated 10.09.2013. 1/3

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.T.A.Punithan, Advocate for the Petitioner and of Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for the respondent, this Court made the following order:

"This petition is filed to restore the Criminal Revision Petition in Crl RC No.142 of 2014 by setting aside the order of dismissal for nonProsecution dated 07.03.2023 and decide the matter on merits. 2.Considering the issue involved in this case, this Court is inclined to allow the petition.

3.The Registry is directed to restore the Criminal Revision Petition in Crl.RC (MD) No.142 of 2014, and post the same for final disposal on 21.11.2023.

Sd/- Assistant Registrar(CS II) // True Copy // /11/2023 Sub Assistant Registrar(CS) TO 1.The 1st Additional District Judge(PCR), Tiruchirappalli,

2. The Judicial Magistrate No.V, Tiruchirappalli District.

3 The Inspector of Police Traffice Police Station, Trichy District Trichy.

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

Copy to:

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

ORDER DATED : 31/10/2023 ========================== RESTORED ========================== CRL MP(MD). No.14881 of 2023 IN CRL.RC(MD) No.142 of 2014 Giving direction and etc.

as stated within.

MK/17.11.2023 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3