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Udaya Vs the State Rep by — Civil Procedure and Limitation | Madras HC (2020)

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Madras HC
2020
Udaya Vs the State Rep byUdaya v. the State Rep by

Dismissed

Udaya v. the State Rep by

Madras HC23 Dec 2020CRL OP/25351/2019

Case brief

AI extract

What is this about?

Petitioners failed to appear despite adjournments. The Court dismissed the Criminal Original Petition seeking quashing of proceedings due to default.

What did the court decide?

Petition dismissed for default and connected miscellaneous petition closed.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.12.2020

CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

Crl.O.P.No.25351 of 2019

and

Crl.M.P.No.13546 of 2019

1.Mrs.Udaya 2.Mr.N.Ashokan

... Petitioners

Vs

The State Represented by The Sub Inspector of Police, Grand Bazaar Police station, Puducherry.

Mr.M.Vinayagamoorthy

... Respondents

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to allow the petitioners' application to quash criminal proceedings in the absence of representation.

Parties & counsel

AI extract

petitioner
Mrs. Udaya
petitioner
Mr. N. Ashokan
respondent
The State Represented by The Sub Inspector of Police, Grand Bazaar Police station, Puducherry
respondent
Mr. M. Vinayagamoorthy

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 23 Dec 2020 · December
Registered: 19 Sept 2019
Case no.: CRL OP/25351/2019

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Cite this judgement

Udaya v. the State Rep by, CRL OP/25351/2019 (MAD), decided on 23 December 2020.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.Pongiappan

Parties & counsel

Outcome

Petition dismissed for default and connected miscellaneous petition closed.

Issue for consideration

Whether to allow the petitioners' application to quash criminal proceedings in the absence of representation.

Detailed headnote1 paragraphs

When petitioners fail to appear after repeated adjournments without excuse, the Court is justified in dismissing the petition for default. Hence, the Criminal Original Petition seeking quashing of proceedings is dismissed.

A compact analysis

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.

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying to call for the records and quash further proceedings in Crime No.11 of 2019 pending on the file of Sub Inspector of Police, Grand Bazaar Police Station, Puducherry.

For Petitioners: No appearance

For Respondents: Mr.V.Balamurugane,

Additional Public Prosecutor

(Pondicherry) for R1

Mr.B.Balavijayan for R2

O R D E R

(through Video Conference)

This Criminal Original Petition has been filed seeking relief, to call for the records and quash further proceedings in Crime No.11 of 2019 pending on the file of Sub Inspector of Police, Grand Bazaar Police Station, Puducherry.

2.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor (Pondicherry) appearing for the first respondent and Mr.B.Balavijayan, learned Counsel appearing for the second respondent alone are present. There was no representation for the petitioners.

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

3.Documents perused. In spite of repeated adjournments, neither the petitioners nor their counsel have appeared before this Court for making their submissions in respect to these petitions.

4.Hence, in the said circumstances, this Criminal Original Petition is dismissed for default. Consequently, connected miscellaneous petition is closed.

Sd/-

Assistant Registrar(cs vii) //True Copy//

Sub Assistant Registrar

ay

To

The Sub Inspector of Police, Grand Bazaar Police station, Puducherry.

The Public Prosecutor, Pondicherry.

+1cc to Mr.B.Balavijayan, Advocate, S.R.No.42798

Crl.O.P.No.25351 of 2019 and

Crl.M.P.No.13546 of 2019

pa(CO) rv(29/01/2021)

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

R.Pongiappan

CNR

HCMA011661682019

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR DEFAULT

23 Dec 2020

Alamelu Ammal Vs the Inspector of Police

23 Dec 2020