A criminal original petition dismissed for non-prosecution was sought to be restored, counsel citing illness and internet connectivity failure during video-conference appearance. Satisfied with the affidavit's explanation, the court allowed the restoration petition and listed the main petition for hearing.
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Crl.M.P.No. 1915 of 2024 in Crl.O.P. No. 15009 of 2021
T.V. THAMILSELVI, J.
This petition has been filed seeking to restore the Crl.O.P.No. 15009 of 2021 on the file of this court, which was dismissed for non-prosecution.
that on the date of hearing, as he was unwell, he appeared through video conference, but due to internet connection issue, he could not argue the matter. While so, the petition was called and the same was dismissed on 09.10.2023 due to non-appearance of petitioner side. The non-appearance of petitioner's counsel is neither willful nor wanton but due to the aforesaid reasons. On coming to know about the same through e-court services, he has filed the above petition to restore the above Crl.O.P.
the reasons assigned in the affidavit filed in support of the petition, this
Court is inclined to allow this petition and to restore the above Crl.O.P.
12.02.2024
rpp
2
T.V.THAMILSELVI, J.
rpp
Crl.M.P.No. 1915 of 2024 in Crl.O.P. No. 15009 of 2021
12.02.2024
1 issue framed by the court
Should the criminal original petition dismissed for non-prosecution on 09.10.2023 be restored?
Petitioner in Crl.O.P. No. 15009 of 2021
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
