Madras High CourtCRL MP(MD)/10957/2019allowed on condition

Mariappan v. The Sub Inspector Of Police

2019-12-13Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD). No.10957 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Friday, the Thirteenth day of December Two Thousand and Nineteen PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD). No.10957 of 2019 in CRL RC(MD).No.251 of 2015 Mariappan ... Petitioner/Petitioner/Sole Accused Vs State Rep.by The Sub Inspector of Police, Kallidaikuruchi Police Station, Kallidaikuruchi, Tirunelveli District. (Crime No.266 of 2011) ... Respondent/Respondent/Complainant Prayer in CRL MP(MD). No.10957 of 2019 :- Criminal Miscellaneous Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to restore the Crl.R.C.(MD).No.251/2015 dismissed for non prosecution on 21.06.2019.

Prayer in CRL RC(MD).No.251 of 2015 :- Criminal Revision case is filed under section 397 read with 401 of Criminal Procedure Code, praying this Hon'ble Court to call for the records pertaining to the Judgment and conviction passed by the Judicial Magistrate, Ambasamudram in C.C.No.317 of 2011 dated 28.01.2014 which was modified by the IV Additional District and Sessions Judge, Tirunelveli in C.A.No.13 of 2014 dated 22.01.2015 and set aside the same.

ORDER:- Criminal Miscellaneous Petition coming up 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.Krishnan, Advocate for the Petitioner and of Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Criminal Side) on behalf of the respondent, this Court made the following order:

This Petition has been filed to restore the Crl.R.C(MD)No.251 of 2015 dismissed for non prosecution on 21.06.2019 on the file of this Court.

2.Heard both side.

3.Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.side) has strong objection for allowing this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD). No.10957 of 2019 4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on payment of Rs.2,000/- (Rupees Two Thousand only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), on or before 07.01.2020 failing which this petition shall stand dismissed automatically without further reference to this Court. 5.Post the matter on 08.01.2020.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) TO 1 The IV Additional District and Sessions Judge, Tirunelveli 2 The Judicial Magistrate, Ambasamudram 3 The Chief Judicial Magistrate, Tirunleveli. 4 The Sub Inspector of Police, Kallidaikuruchi Police Station, Kallidaikuruchi, Tirunelveli District 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1 The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

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

(To List the matter on 08.01.2020) ORDER DATED : 13/12/2019 HEARING DATED : 08/01/2020 ==========================

ORDER

========================== CRL MP(MD). No.10957 of 2019 in CRL RC(MD).No.251 of 2015 Giving direction and etc.

as stated within.

KK/SAR/20.12.2019/2P-8C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2