Madras High CourtCRL MP(MD)/13139/2024ordered

Vijitha v. The State Of Tamil Nadu

2024-12-04Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Wednesday, the Fourth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL MP(MD). No.13139 of 2024 IN CRL RC(MD)NO.248 OF 2021 Vijitha ... Petitioner/Petitioner Vs 1 The State of Tamil Nadu Rep by the Sub Inspector of Police Bazzar Police Station Ramanathapuram Ramanathapuram District.

2 Ragupathi ... Respondents/Respondents Prayer :-In CRL MP(MD)NO.13139 OF 2024 This Criminal Misecellaneous filed under section 528 of BNSS Act to set aside the order of dismissed as infructuous by this Honble Court on 09.12.2021 in Crl RC (MD) No.248/2021 and Restore the above Crl RC(MD) No.248/2021 Prayer :-In CRL RC(MD)NO.248 OF 2021 This Criminal Revision case is filed unersection 397 r/w section 401 od Cr.p.c against order dated 12.02.2021 in Crl.M.P/NO.305 of 2021 in C.C.No.54/2011, on the file of the Judicial Magistrate No.1.Ramanathapuram,Ramanathapuram District. ORDER:- This Criminal Miscellaneous 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 Thiru.D.Balamurugapandi, Advocate for the Petitioner and of Thiru.R.M.Anbunithi, Additional Public Prosecutor for Respondent No.1 and Mr.I.Kannan, advocate for Respondent No.2 this Court made the following order: This Criminal Miscellaneous Petition has been filed to restore the Criminal Revision Case in Crl.R.C.(MD)No.248 of 2021, which was dismissed as infructuous on 09.12.2021.

2. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the 1st respondent and the learned counsel for the 2nd respondent, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the petitioner and the learned counsel for the 2nd respondent submitted that a settlement talk is going on between the parties and the matter is going to be settled.

4. The learned Additional Public Prosecutor appearing for the 1st respondent has not raised any objection to this petition, and the learned counsel for the 2nd respondent also submitted that his client has no objection to this petition.

5. Considering the above facts and circumstances of the case and also considering the reasons stated in the affidavit, this Court is inclined to allow this

petition. Accordingly, this Criminal Miscellaneous Petition is allowed.

6. Registry is directed to restore the Criminal Revision Case in Crl.R.C.MD) No.248 of 2021 and list the same on 06.12.2024. Sd/- Assistant Registrar ( CO ) // True Copy // /12/2024 Sub Assistant Registrar (CS-1/II/III/IV) TO 1.The Judicial Magistrate No.1, Ramanathapuram, Ramanathapuram District.

2. The Sub Inspector of Police, Bazzar Police Station, Ramanathapuram Ramanathapuram District.

COPY TO The Section Officer Criminal Section (FOR POSTING) Madras High court Madurai Bench Madurai

ORDER DATED : 04/12/2024 ========================== RESTORE` ========================== CRL MP(MD). No.13139 of 2024 IN CRL.RC.(MD).No.248 of 2024 Giving direction and etc.

as stated within.

BV (13/12/2024) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.