Petitioner sought restoration of a Criminal Original Petition previously dismissed for non-prosecution as he had no representation. Court perused affidavit stating valid reasons for non-appearance. Court restored the petition to file.
Registry directed to restore the criminal original petition Crl.M.P.(MD)No.10144 of 2017 in Crl.O.P.(MD)No.9861 of 2016.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Fourteenth day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL MP(MD) No.11270 of 2017 IN CRL OP(MD) No.9861 of 2016
P.SIVASUBRAMANIAN ... PETITIONER/PETITIONER/INTERVENOR
1 MURUGAN 2 G.ANANDA KUMAR 3 S.RAJASEKAR ...RESPONDENTS 1 TO 3/PETITIONERS 4 STATE REP. BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION VIRUDHUNAGAR DISTRICT. ...4th RESPONDENT/1st RESPONDENT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to restore the Crl.M.P(MD).No.10144/2017 in Crl.O.P(MD).No.9861/2016 by setting aside the order dated 10/11/2017 passed in Crl.M.P(MD). No.10144/2017.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.VENKATESH, Advocate for the petitioner and of Mr.M.MURUGAN, Government Advocate (Crl.side) for Mr.K.ANBARASAN, Government Advocate (Crl.side) on behalf of the 4th Respondent the court made the following order:-
When the matter came up for hearing on 09.11.2017, there was no representation on behalf of the petitioner and hence, it was posted today under the caption “For dismissal”. Thereafter, on 10.11.2017, when the matter was taken up for hearing, there was no representation for the petitioner. Hence, the criminal original petition is dismissed for non-prosecution.
2.Aggrieved by the said order, the petitioner filed a present petition for restoration in Crl.M.P.(MD)No.10144 of 2017 in Crl.O.P.(MD)No.9861 of 2016.
3.I have perused the affidavit, I am satisfied with the https://hcservices.ecourts.gov.in/hcservices/ reasons stated in the affidavit to restore the criminal original petition.
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4.Accordingly, this petition is ordered. The Registry is directed to restore the criminal original petition on file.
sd/14/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
CRL MP(MD) No.11270 of 2017 IN CRL OP(MD) No.9861 of 2016
Date :14/12/2017
rmi
SH/RR/SAR-4:27.12.2017:2p/5c
2 issues framed by the court
Whether the criminal original petition filed earlier for restoration shall be restored given sufficient reasons in affidavit.
Whether the non-prosecution of the petition in the impugned order requires restoration.
P.SIVASUBRAMANIAN
STATE REP. BY THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION VIRUDHUNAGAR DISTRICT
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
