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Madras High CourtCRL RC(MD)/441/2011dismissed

S.Rajapandian v. G.Kathiresan

2019-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD).No.441 of 2011 S. Rajapandian ... Petitioner / compliant Vs G. Kathiresan ... Respondent / accused PRAYER: Petition filed under Section 397 r/w 401 Code of Criminal Procedure, agaisnt the order passed by the learned Judicial Magistrate Court No.IV, Madurai in STC.No.450 of 2010, dated 11.03.2011.

For Petitioner : Mr. M.S. Sureshkumar

ORDER

The petitioner filed STC.No.450 of 2010, on the file of the learned Judicial Magistrate No.IV, Madurai, against the respondent herein. The said complaint was dismissed for the reason that the process fee was not paid. The same is challenged in this revision case.

2. Normally, this Court would allow the revision cases and set aside the order of dismissal passed by the Court below, but, then, in this case, even after the lapse of eight years, after filing of the revision case, the respondent has not been served with notice. The report by the local police is that the accused is not in the address mentioned in the complaint.

3. Therefore, I am of the view that no purpose will be served by keeping this revision case pending. The order passed by the Court below is sustained.

4. Accordingly, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To

1. The Judicial Magistrate Court No.IV, Madurai Copy to :

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) Crl.R.C(MD).No.441 of 2011 12.06.2019 NA (01.08.2019) 2P :4C https://hcservices.ecourts.gov.in/hcservices/