Komu v. The Superintendent Of Police

CRL MP(MD) No.11313 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.11313 of 2019 IN CRL RC(MD) No.326 of 2015 KOMU ... PETITIONER/ DEFACTO COMPLAINANT Vs 1 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTICT, TIRUNELVELI.

2 THE INSPECTOR OF POLICE SANKARANKOIL TOWN POLICE STATION, SANKARANKOIL, TIRUNELVELI DISTRICT.

(CRIME NO.280/2014) ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Restore our Crl.R.C.(MD).No.326/2015 which was dismissed with default on 22.10.2019.

PRAYER IN CRL RC(MD) No.326 of 2015:

To call for the records and set aside the docket order dated 27.02.2015 passed by the learned Judicial Magistrate Court, Sankarankovil in Cr.No.280 of 2014 on the file of 2nd respondent by the learned Judicial Magistrate, Sankarankovil and further direct the 1st respondent to transfer the closure case to some other agency for reopen and reinvestigate the same.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.T.INDRACHITHU, Advocate for the petitioner and of Mr.A.P.G.OHM CHAIRMA PRABHU, Government Advocate(Crl.Side) on behalf of the Respondents, the court made the following order:- This Petition has been filed to restore the Crl.R.C(MD)No.326 of 2015, which was dismissed for non-prosecution on 22.10.2019 on the file of this Court.

2.Heard both side.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.11313 of 2019 3.Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.side) appearing for the respondents has opposed for allowing this petition.

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 ordered on payment of Rs.1,000/- (Rupees One Thousand only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court.

sd/- 20/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTICT, TIRUNELVELI.

4 THE INSPECTOR OF POLICE SANKARANKOIL TOWN POLICE STATION, SANKARANKOIL, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.11313 of 2019 IN CRL RC(MD) No.326 of 2015 Date :20/12/2019 https://hcservices.ecourts.gov.in/hcservices/ MS/VR/SAR-2/02.01.2020/2P.7C 2/2