The High Court allowed a criminal appeal filed to set aside a dismissal order passed against the appellant for default of appearance in a miscellaneous case. It held that the order was passed due to default and directed its restoration to the file.
The dismissal order dated 27.3.2014 in M.C.No.15 of 2012 is set aside; the case is restored to the file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2015
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM
Criminal Appeal No.570 of 2015
D.Vidhya ... Appellant/Complainant Vs. 1. R.Saravana Kumar 2. A.Rajasekaran 3. R.Shenbagavalli @ Valliammai ... Respondents/Accused
Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside the judgment dated 27.3.2014 made in M.C.No.15 of 2012 on the file of the Judicial Magistrate Court, Harur, Dharmapuri and allow the above Criminal Appeal by granting leave to sue against the accused persons.
For appellant : Mr.N.Vijaya Basker
For Respondents : Mr.R.Jayaprakash
JUDGMENT
This Criminal Appeal has been directed against the dismissal order dated 27.3.2014 passed in M.C.No.15 of 2012 by the Judicial Magistrate Court, Harur.
In fine, this Criminal Appeal is allowed. The dismissal order dated 27.3.2014 passed in M.C.No.15 of 2012 by the Judicial Magistrate, Harur is set aside. M.C.No.15 of 2012 is ordered to be restored to file.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To :
1. Judicial Magistrate Court, Harur
2.-do-Thro The chief Judicial Magistrate
Dharmapuri District
3.The Public Prosecutor, High Court, Chennai
+1 cc to M/S.Law Vision Advocate sr.5489
+1 cc to M/S.R.Jayaprakash Advocate sr.55250
Crl.A.No.570 of 2015 aa12/10/2015
3 issues framed by the court
Whether the dismissal of a criminal miscellaneous case due to the appellant's default appearance should be set aside.
Whether an order restoring a dismissed case to file can be issued on appeal.
Whether the High Court can direct the lower court to allow the prosecution to proceed after setting aside a dismissal order.
1 provisions across 1 enactments
D.Vidhya
R.Saravana Kumar
A.Rajasekaran
R.Shenbagavalli
A.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
