Madras High CourtCRL RC(MD)/1159/2022remanded

Sundarambal Middle School v. The Sub Inspector Of Police

2022-11-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30/11/2022

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.RC(MD)No.1159 of 2022 and Crl.MP(MD)No.14565 of 2022 Sundarambal Middle School represented by Head Master G.Joseph Jeyaseelan, Keeraithurai, Madurai-1. : Petitioner/Petitioner Vs.

State of Tamil Nadu Represented by Sub Inspector of Police, Keeraithurai Police Station, Madurai City, Madurai-1. : Respondent/Respondent PRAYER:-This Criminal Revision has been filed under section 397 r/w 401 of the Criminal Procedure Code, to call for the records and set aside the order in Crl.M P No.8441 of 2021, dated 20/10/2022 on the file of the Judicial Magistrate No.IV, Madurai and permit the petitioner to conduct the prosecution in CC No.391 of 2018 on the file of the Judicial Magistrate No.IV, Madurai.

For Petitioner : Mr.C.Godwin For Respondent : Mr.SS.Madhavan Government Advocate (Criminal side)

O R D E R

This Criminal Revision has been filed seeking in order to set aside order passed in Crl.M P No.8441 of 2021, dated 20/10/2022 on the file of the Judicial Magistrate No.IV, Madurai and permit the petitioner to conduct the prosecution in CC No.391 of 2018 on the file of the Judicial Magistrate No.IV, Madurai.

2.Heard both sides.

3.Perusal of the records shows that the petition that was filed by the revision petitioner was dismissed for default, even though the learned counsel appearing for the petitioner made an elaborate argument with regard to the power of the court to permit the de-facto complainant to take prosecution privately.

4.Since the impugned order has not been passed on merit, considering the above said issue, the order of dismissal passed by the trial court is set aside and the

petition filed by the revision petitioner is restored to file and the matter is remitted back to the trial court to consider the same on its own merit in accordance with law, after giving reasonable opportunity to both sides. 5.This criminal revision is allowed as indicated above. Consequently, connected Miscellaneous Petition is closed.

30/11/2022 Index:Yes/No Internet:Yes/No er To, 1.The Sub Inspector of Police, Keeraithurai Police Station, Madurai City, Madurai-1.

2.The Judicial Magistrate No.IV, Madurai.

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

G.ILANGOVAN, J er Crl.RC(MD)No.1159 of 2022 30/11/2022