The Madurai Bench of the Madras High Court allowed a criminal miscellaneous petition praying for the restoration of a quashed criminal original petition under Section 482 CrPC on the grounds of non-prosecution.
Allowed the petition and restored CRL OP(MD) No.12013 of 2017 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Sixteenth day of November Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL MP(MD) No.10339 of 2017 IN CRL OP(MD) No.12013 of 2017
1 MANUEL
2 LAKSHMANAN
3 GANAGARAJ
4 SATHYAMOORTHY 5 KUMAR 6 GANESAN ... PETITIONERS
Vs
1 THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.135 OF 2014)
2 JOSEPH ... RESPONDENTS
Prayer in CRL MP(MD) No.10339 of 2017:
Criminal Miscellaneous Petition is filed under Section 482 of Criminal Procedure Code praying this Hon'ble Court to restore the quash petition in Crl.O.P.(MD)No.12013 of 2017 which was dismissed for non prosecution on 25.10.2017.
Prayer in CRL OP(MD) No.12013 of 2017:
Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying this Hon'ble Court to Call for the records and to quash the charge sheet in P.R.C No. 17/2017 on the file of the principal district Munsif Court Cum J.M Karaikudi.
https://hcservices.ecourts.gov.in/hcservices/ Order : This petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing
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the arguments of Mr.R.JEGADEESWARAN, Advocate for the petitioner and of Mr.K.ANBARASAN, Government Advocate (Crl.side) on behalf of the 1st Respondent, this court made the following order:-
Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is allowed, and the CRL OP (MD) No.12013 of 2017 is restored to file.
Post the main case on 20.11.2017.
Sd/Assistant Registrar (CS-II)
/True Copy/
Sub Assistant Registrar
TO
ORDER DATE : 16.11.2017 HEARING DATE : 20.11.2017
ORDER
CRL MP(MD) No.10339 of 2017 IN CRL OP(MD) No.12013 of 2017
Giving direction etc., as https://hcservices.ecourts.gov.in/hcservices/ stated within. TE/SKN-RSK/SAR-I : 17/11/2017 : 2P/5C
1 issue framed by the court
Whether the quashed criminal original petition should be restored to file?
1 provisions across 1 enactments
Manuel
Lakshmanan
Ganagaraj
Sathyamoorthy Kumar Ganesan
The Inspector of Police, Kallal Police Station, Sivagangai District
Joseph
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
