In this miscellaneous criminal petition to restore a revision petition dismissed for non-prosecution, the Madurai Bench of Madras High Court dismissed the petition because the main case was already dismissed, rendering further adjudication unnecessary.
The petition to restore the revision petition and hear the matter was dismissed.
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.
CRL MP(MD) No.12889 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Appellate Jurisdiction )
Wednesday, the Twenty Second day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN
CRL MP(MD) No.12889 of 2023 IN CRL RC(MD) No.47 of 2020
S.JERALD SELVANATHAN
... PETITIONER/ACCUSED
Vs
G.SHOBIA
... RESPONDENT/COMPLAINANT
Prayer in CRL MP(MD). 12889/ 2023 :
Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to restore the Crl.RC(MD)No.47/2020 on its file, which was dismissed for non-prosecution by this Honble Court on 8/11/2022.
Prayer in CRL RC(MD). 47/ 2020 :
Criminal Revision Petition filed under section 397 r/w 401 Cr.P.C., to call for the records relating to the order dated 23.07.2019 passed in C.A.No.95 of 2018 by the Principal District Judge, Dindigul and set-aside the same and allow the revision confirming the order of the Judicial Magistrate No.III, Dindigul, in Crl.M.P.No.1869 of 2018.
Order : This Revision petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.ANTO PRINCE G, Advocate for the petitioner and of MR.J.LAWRANCE, Advocate for the respondent, this court made the following order:-
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CRL MP(MD) No.12889 of 2023
The above petition has been filed seeking orders to restore the Crl.R.C.(MD) No.47 of 2020, which was dismissed for non-prosecution.
Sd/-
Assistant Registrar (CS-I) // True Copy //
/12/2023 Sub Assistant Registrar(CS)
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CRL MP(MD) No.12889 of 2023
TO
Copy To
The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.(2 copies)
ORDER DATED:22/11/2023
ORDER
------------------------------------CRL MP(MD) No.12889 of 2023 IN
CRL RC(MD) No.47 of 2020
Giving direction and etc. as stated within.
SSA/(01.12.2023)/ 3P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 issues framed by the court
Whether the criminal revision petition seeking confirmation of a lower court order should be heard when the main criminal case has already been dismissed.
Whether a petition dated 2023 to restore a recessed revision petition needs adjudication when underlying case is closed.
2 provisions across 1 enactments
S.JERALD SELVANATHAN
G.SHOBIA
K.K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
