The Madras High Court restored a criminal appeal dismissed for non-prosecution on file, directing the registry to call for records and post the matter for final hearing under Section 482 Cr.P.C.
Order to restore the appeal on file and direct registry to call for records for final hearing.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction )
Tuesday, the Eleventh day of July, Two Thousand and Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CRL MP(MD) No.5961 of 2017 IN CRL A(MD) No.461 of 2016
Vs THE INSPECTOR OF POLICE NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO. 43/2010 ... RESPONDENT
PRAYER IN CRL MP(MD)5961/2017:
Petition filed under section 482 of Crl.P.C., to restore the above case in Crl.A.(MD) No. 461 of 2016 on the file of this Honourable Court, which was dismissed for non-prosecution on 23/03/2017 .
PRAYER IN Crl.A.(MD) No. 461/2016:
Criminal appeal filed under section 374(2) of Cr.P.C. against the conviction and sentence dated 25.11.2016 passed in Sessions case No.71/2011 by the Sessions Court, Sivagangai.
Order : This petition coming on for hearing on this day, upon perusing the petition and affidavit and material papers in the petition, and upon hearing the arguments of Mr. D. RAMESHKUMAR, Advocate for the petitioner and of Mr.R.RAMACHANDRAN, Additional Public Prosecutor on behalf of the state, this court made the following order:-
Heard both sides.
https://hcservices.ecourts.gov.in/hcservices/ This petition is Ordered and the appeal is restored on file.
The Registry is directed to call for the records in the appeal from the trial Court.
After records were received, the Registry is directed to Post the matter for final hearing.
Sd/-
Assistant Registrar(CS-III)
/ True Copy /
Sub Assistant Registrar(C.S.)
TO
1 THE SESSIONS JUDGE, SIVAGANGAI.
3 THE ADDITIONAL PUBLIC PROSSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO
THE SECTION OFFICER, (CRIMINAL SECTION) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
RESTORED
Giving direction etc., stated within.
MAS/SKN-RSK/SAR1:14.07.2017:2P-5C
1 issue framed by the court
Whether to restore the dismissed criminal appeal on file for further hearing.
2 provisions across 1 enactments
Packiam
Murugan
Valli
The Inspector of Police Nerkuppai
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
