Dismissed

M.Vairamani v. N.Subramani

Madras HC14 Jun 2019CRL A/145/2010

Case brief

AI extract

What is this about?

The Madras High Court dismissed Criminal Appeal Crl.A.No.145 of 2010 for default. The appellant failed to appear despite a direction to take private notice, and proof of service was not filed. Consequently, the appeal was deemed non-prosecuted and dismissed.

What did the court decide?

The criminal appeal was dismissed for default/non-prosecution due to the appellant's absence and failure to prove service of private notice.

M.Vairamani Vs N.Subramani — Criminal Trial and Appeal | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.06.2019 CORAM: THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.A.No.145 of 2010

¶2

M.Vairamani ... Appellant/Complainant

¶3

/Vs/

¶4

N.Subramani S/o.P.Natesan No.235, Railway Qarters, (Station Superintendent, Arakkonam Railway Station), Arakkonam. ... Respondent

¶5

PRAYER: Criminal Appeal has been filed under Section 378(4) of Cr.P.C., to set aside the Judgment passed in C.C.No.319/1999 dated 06.01.2010 by Judicial Magistrate, Arakkonam and convict the respondent for the offence under Section 352 of I.P.C.

¶6

For Appellant : No appearance

¶7

For Respondent : Notice not ready

¶8

J U D G M E N T

¶9

This appeal has been filed by the appellant/complainant against the judgment passed in C.C.No.319 of 1999 dated 06.01.2010 on the file of the Judicial Magistrate, Arakkonam and convict the respondent/1^st accused for the offence under Section 352 of I.P.C.

¶10

On 15.12.2017, this Court had directed to issue a fresh notice to the respondent returnable by three weeks and also directed the appellant/complainant to take private notice. Thereafter, the matter was listed on 13.06.2019. On that day, there was no representation for the appellant/complainant.

¶11

On perusal of the records, it is also found that the private notice had not been taken and proof has also not been filed. Thereby, this Court posted the matter under the caption 'for dismissal' on 14.06.2019.

¶12

https://hcservices.ecourts.gov.in/hcservices/

¶13

When the matter is taken up for hearing today (14.06.2019), there was no representation for the appellant/complainant. Hence, the appeal is dismissed for default/non-prosecution.

¶14

Sd/Assistant Registrar(CS V)

¶15

//True Copy//

¶16

Sub Assistant Registrar

¶17

To
1. The Judicial Magistrate,
Arakkonam.
2. Do through The Chief Judicial Magistrate,
Vellore.
Copy To: The Section Officer,
Criminal Section, High Court, Madras.
Crl.A.No.145 of 2010
rsi(co)
CSL/15.07.2019

¶18

https://hcservices.ecourts.gov.in/hcservices/

M.Vairamani v. N.Subramani

Case brief

What is this about?

What did the court decide?

M.Vairamani v. N.Subramani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mottaiyan @ Veerappan Vs the Deputy Superintendent of

Viswanathan Vs Inspector of Police

Sadhasivam Vs State of Tamil Nadu Rep.by

K.Gunasekaran Vs the Inspector of Police

A.v.Sankarlal Vs the Inspector of Police

D.Navakodinarayanan Vs the State Rep.by