Court restored the dismissed Criminal Original Petition No.9760/2021 upon being satisfied with the petitioner's submissions regarding default, thereby allowing the impugned order to set aside and the file to be restored.
Crl.O.P.No.9760 of 2021 is restored to file.
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
( Criminal Jurisdiction )
Thursday, the Eleventh day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M. NIRMAL KUMAR
CRIMINAL MISCELLANEOUS PETITION No.9302 of 2021
IN CRL OP.9760/2021
1 BALASUBRAMANIAN
[ PETITIONERS ]
2 SANKAR
Vs
1 THE SUB INSPECTOR OF POLICE SENTHAMANGALAM POLICE STATION, NAMAKKAL DISTRICT
[ RESPONDENT ]
2 MANORANJITHAM
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order passed in Crl.O.P.No.9760/2021 which was dismissed for default on 30.06.2021 and restore the same and thus render justice
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.S.SAISHANKAR, Advocate for the petitioner and of MR. R.VINOTHRAJA, Govt. Advocate ( Crl. Side) on behalf of the 1st Respondent the court made the following order:-
This Criminal Miscellaneous Petition is filed to restore the Crl.O.P.No.9760 of 2021 therein which was dismissed for nonprosecution on 03.06.2021.
2.Being satisfied with the submissions made by the learned counsel for the petitioner, this Criminal Miscellaneous Petition is
ordered and Crl.O.P.No.9760 of 2021 is restored to file.
-sd/-
11/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE SUB INSPECTOR OF POLICE SENTHAMANGALAM POLICE STATION, NAMAKKAL DISTRICT
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.S.SAISHANKAR Advocate on payment of necessary charges
Order
in CRL MP.9302/2021 in CRL OP.9760/2021
Date :11/11/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 22/11/2021
2 issues framed by the court
Whether the order of dismissal of the Criminal Original Petition should be restored.
Whether the petitioners are entitled to relief to restore the dismissed petition.
BALASUBRAMANIAN
SANKAR
THE SUB INSPECTOR OF POLICE SENTHAMANGALAM POLICE STATION, NAMAKKAL DISTRICT
MANORANJITHAM
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
