Dismissed¶37

L.G.Sarath Inigo v. The State of Tamil Nadu

Madras HC9 Sept 2025CRL OP(MD)/14787/2025

Case brief

AI extract

What is this about?

Crl.O.P.(MD)No.14787 of 2025 | Madurai Bench of Madras High Court | Sunder Mohan J. | 09.09.2025 | S.528 BNSS 2023 | docket order 07.08.2025 Sessions Judge-II Tirunelveli | fresh Section 340 Cr.P.C. petition not maintainable after dismissal for default of earlier petition (Crl.M.P.No.778 of 2021, dismissed 06.06.2025) | no infirmity in docket order | Criminal Original Petition dismissed | liberty to challenge dismissal-for-default order | Registry to return original impugned order.

What did the court decide?

No substantive relief. Petitioner granted liberty to challenge the order dated 06.06.2025 dismissing his earlier petition for default, if so advised and provided there are justifiable reasons for his non-appearance; Registry directed to return the original impugned order to the petitioner after retaining a copy. ¶37

L.G.Sarath Inigo Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, the petitioner's earlier Section 340 Cr.P.C. petition having been dismissed for default, a fresh petition under Section 340 Cr.P.C. on the same subject can be entertained. +1 more

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Court's answer

Since the earlier petition was dismissed for default, a fresh petition cannot be entertained.

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Ratio / Principle

There is no infirmity in the impugned docket order; consequently, the direction sought for by the petitioner (to number the fresh petition) cannot be issued.

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Key takeaways

The petitioner is at liberty to challenge the order dated 06.06.2025 dismissing his petition for default, if so advised, provided there are justifiable reasons for the petitioner's non-appearance.obiter¶33

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (SUNDER MOHAN, J.), 09.09.2025, in Crl.O.P.(MD)No.14787 of 2025 filed under Section 528 of BNSS, 2023: The petitioner sought to set aside a docket order dated 07.08.2025 of the learned Sessions Judge - II, Tirunelveli District and a direction to number his fresh petition under Section 340 of Cr.P.C. (dated 12.07.2025; styled Crl.M.P.SR.No.3860/2025 in the prayer clause and Crl.MP.SR.No.3360 of 2025 in the body). His earlier Section 340 petition (Crl.M.P.No.778 of 2021) had been dismissed for default on 06.06.2025, and since Cr.P.C. has no provision to set aside a dismissal for default, he filed afresh; the Sessions Court Registry raised objections to maintainability. HELD: since the earlier petition was dismissed for default, a fresh petition cannot be entertained; there is no infirmity in the impugned docket order and the direction sought cannot be issued. Petition dismissed, with liberty to the petitioner to challenge the 06.06.2025 dismissal-for-default order if so advised, provided there are justifiable reasons for his non-appearance.

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Crl.O.P.(MD)No.14787 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.O.P.(MD).No.14787 of 2025

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L.G.Sarath Inigo ... Petitioner/Accused

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Vs.

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1.The State of Tamil Nadu rep. by, The Additional Director General of Police, State Crime Records Bureau, Santhome High Road, Raja Annamalaipuram, Chennai.

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2.The Commissioner of Police, O/o. The City Police, Tirunelveli City.

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3.The Additional Deputy Commissioner of Police, CCRB, O/o.The City Police, Tirunelveli City.

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4.The Assistant Commissioner of Police, CCRB, O/o.The City Police, Tirunelveli City.

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5.Kannan,

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The Inspector of Police (L & O), C-1, Palayamkottai Police Station, Tirunelveli City.

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(At Present Working as Not Known).

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1/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14787 of 2025

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6.Mcclarine Eskhol,

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The Assistant Commissioner of Police (Crime), Town SDO, Tirunelveli City. (At Present Working as the DSP, DVAC, Tirunelveli).

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7.Feroz Khan,

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The Deputy Commissioner of Police (Crime), Tirunelveli City Police,

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(At Present Working as Not Known).

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... Respondents

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Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside a Docket order, dated 07.08.2025, passed by the learned Sessions Judge - II, Tirunelveli District and consequently direct to number the petition filed by the petitioner under section 340 of Cr.P.C. in Crl.M.P.SR.No. 3860/2025, dated 12.07.2025, within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.D.Vijay Antony For R-1 to R-4 : Mr.R.M.Anbunithi Additional Public Prosecutor

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ORDER

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This Criminal Original Petition has been filed to set aside the docket order dated 07.08.2025 and to direct the learned Sessions Judge to number the petition filed by the petitioner under Section 340 of Cr.P.C in Crl.MP.SR.No. 3360 of 2025 dated 12.07.2025.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14787 of 2025

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The learned counsel for the petitioner would submit that the petitioner had filed a similar petition under Section 340 of Cr.P.C., which was numbered and taken on file by the learned Sessions Judge in Crl.M.P.No.778 of 2021 and that the same was dismissed for default on 06.06.2025. He would further submit that since there is no provision in Cr.P.C to file a petition to set aside the order of dismissal for default, a fresh petition was filed.

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It is seen from the return and docket entry that objections have been raised by the Registry of the Sessions Court as to the maintainability of the second petition. This Court is of the view that since the earlier petition was dismissed for default, a fresh petition cannot be entertained. There is no infirmity in the impugned docket order. Consequently, the direction sought for by the petitioner cannot be issued. However, the petitioner is at liberty to challenge the order dated 06.06.2025, dismissing his petition for default, if he is so advised and provided there are justifiable reasons for the petitioner's non-appearance.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.14787 of 2025

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