B.Arunkumar v. M.Muthuselvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eighteenth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR in Crl.R.C(MD)No.617 of 2023 B.Arunkumar ... Petitioner Vs 1 M.Muthuselvi 2 S.Radharani 3 R.Shanthi 4 M.Prabhu 5 M.Annadurai 6 R.Geetha 7 C.Karuppasamy 8 Rajendran 9 R.Nagarani 10 A.Nazarudin 11 R.Senthilkumar 12 S.James Anthonydoss ... Respondents 1/4

Prayer :- Criminal Miscellaneous Petition filed under section 397 R/W 401 & 482 of Criminal Procedure Code to Restore the case in Crl.RC.(MD).No.617 of 2023 on file which was dismissed for non prosecution vide order dt.04.07.2023. Prayer in Crl.R.C(MD)No.617 of 2023:- Criminal Revision Petition has been filed under section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order in Crl.M.P.No.558 of 2023 on the file of the learned Additional Munsif cum Judicial Magistrate, Vedasandur, dated 24.02.2023 and set aside the same as illegal. 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 M/s. M.K. Suresh, Advocate for the Petitioner and of Mr. H. Mohammed Imran, Advocate for M/s.

Ajmal Associates for the respondents 1,3 to 5,7, 11 and 12 and Mr. T. Antony Arulraj, Advocate for the 2nd respondent and none appeared for the respondents 6, 8 to 10, this Court made the following order: This Criminal Miscellaneous Petition has been filed seeking orders to restore the Crl.RC(MD)No.6172 of 2023, on file, which was dismissed for non prosecution on 23.06.2023.

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2.Paper publication effected for the respondents 6, 8 to 10. Service is sufficient. No representation for the respondents 6, 8 to 10. 3.The learned counsel appearing for the respondents 1, 3 to 5, 11 and 12 and the learned counsel appearing for the second respondent would submit that they are leaving it to the discretion of the Court.

4.Considering the facts and circumstances of the case and taking note of the submissions made by the learned counsel on either side, this Court is inclined to allow this petition. Accordingly, the Criminal Miscellaneous Petition is allowed. Registry is directed to restore the Criminal Revision on file and list the matter on 04.03.2025, finally.

Sd/- Assistant Registrar (CO ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I, II, III, IV) 3/4

TO The Additional Munsif cum Judicial Magistrate, Vedasandur.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 18/02/2025 ==========================

ORDER

========================== in Crl.R.C(MD)No.617 of 2023 VN (26/02/2025) 4 P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4