The Madras High Court allowed criminal miscellaneous petitions filed to restore previous original petitions dismissed for default. The court directed petitioners to deposit a sum of Rs. 2000 into the Chief Justice Relief Fund within a specified timeframe.
Restoration of Crl. O.P.(MD) Nos.3576/2019 and 3577/2019 contingent upon deposit of Rs. 2000.
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 Tuesday, the Eighteenth Day of February, Two thousand and Nineteen CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL. MP(MD) Nos.1468 and 1471 of 2020
in
CRL. OP(MD) Nos.3576 and 3577 of 2019
CRL. MP(MD) No.1468 of 2020:
... Respondent(s) in CRL MP(MD). 1468/ 2020
CRL. MP(MD) No.1471 of 2020:
... Respondent(s) in CRL MP(MD). 1471/ 2020
Prayer in CRL MP(MD). 1468/ 2020 :
Petition filed under Section 482 of Cr.P.C., to restore the Crl .OP(MD)No.3576 of 2019 on its file, which was dismissed for https://hcservices.ecourts.gov.in/hcservices/ default by this Hon ble Court on 30.08.2019 .
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Prayer in CRL MP(MD). 1471/ 2020 :
Petition filed under Section 482 of Cr.P.C., to restore the Crl. OP(MD)No.3577 of 2019 on the file which was disimissed for default by this Hon ble Court on 30.08.2019
Common Prayer in CRL OP(MD)Nos. 3576/ 2019 and 3577/ 2019:
Criminal Original Petitions are filed under Section 482 of Cr.P.C., to call for the records relating to FIR in Cr.No.66 and 67 of 2019 dated 17.02.2019, on the file of the Sub Inspector of Police, Veerapandi Police Station, Theni District and quash the same as against the petitioners.
ORDER:
This Petitions are coming on for hearing on this day, upon perusing the petition and affidavits filed in support thereof and the earlier order of this Court dated 30/08/2019 and upon hearing the arguments of Mr.K.Srinivasa Ragahavan and Mr.V.Sivasubramani, Advocate for the Petitioners and of Mr.S.Chandrasekar, Additional Public Prosecutor on behalf of the first respondent in both cases, this court made the following order:
These Criminal Miscellaneous Petitions have been filed to restore the Crl.O.P.(MD).Nos.3576 and 3577 of 2019, which was dismissed for default by this Court vide its order dated 30.08.2019.
2.Heard both sides.
3.This Court is satisfied with the reasons stated in the affidavits for restoration of these criminal original petitions. Accordingly, these Criminal Miscellaneous Petitions are allowed on condition that the petitioners shall deposit a sum of Rs.2000/(Rupees two thousand only) to the credit of the Hon'ble Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai on or before 25.02.2020.
4.Post the matter on 26.02.2020 “for reporting compliance”.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TO
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. https://hcservices.ecourts.gov.in/hcservices/
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Copy to: 1. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
NEXT HEARING:26/02/2020
CRL. MP(MD) Nos.1468 and 1471 of 2020 in
CRL. OP(MD) Nos.3576 and 3577 of 2019
RESTORATION ORDER
Giving direction and etc. as stated within.
MA(CO) TR(19.02.2020) 3P 5C
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1 issue framed by the court
Whether the criminal miscellaneous petitions should be restored after default dismissal.
1 provisions across 1 enactments
Ilayaraja
Veerakumar
Thamaraiselvan
Dharmaraja
Uthayakumar
Rajivgandhi
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
