The appellant, D.Mubarak, preferred a writ appeal against an order quashing a criminal case via certiorari under Article 226. As the appellant failed to appear for hearing or provide representation, the High Court dismissed the appeal for non-prosecution.
Writ appeal dismissed for non-prossecution; no costs.
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 : 23.11.2018
CORAM
THE HON’BLE MR. JUSTICE M.M.SUNDRESH
and
THE HON’BLE MR. JUSTICE KRISHNAN RAMASAMY
W.A.No.477 of 2013 & M.P.No.1 of 2013 D.Mubarak ... Appellant/Petitioner Vs. 1.Ist Additional Family Court, Chennai-600 001. 2.P.K.Aamirasamarin 3.M.Aaliyon ... Respondents/Respondents Writ Appeal is preferred under Clause 15 of the Letters Patent against the order dated 21.02.2013 made in W.P.SR.No.13517 of 2013.
Prayer in W.P.SR.No.13517 of 2013:-
Petition filed under Article 226 of the Constitution of India, praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of certiorari calling for the records in Criminal M.C.No.219 of 2010 dated 21.05.2010 pending on the file of the I Additional Family Court, Chennai-1, and quash the same as it is bad in law.
For Appellant : No appearance
For respondents : No appearance JUDGMENT
(Judgment of the Court was made by M.M.SUNDRESH,J.)
When the writ appeal was taken up for hearing on 22.11.2018, there was no representation for the petitioner. Hence, the matter was directed to be listed under the caption “for dismissal”. Even today, there is no representation for the
petitioner. Hence, the writ petition is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
raa
To
1.The I Additional Family Court,
Chennai-600 001.
W.A.No.477 of 2013
NMI(CO)
CSL/19.12.2018
1 issue framed by the court
Whether the writ appeal should be disposed of in the absence of the appellant.
1 provisions across 1 enactments
D.Mubarak
Ist Additional Family Court, Chennai-600 001
P.K.Aamirasamarin
M.Aaliyon
M.M.Sundresh
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
