CRIMINAL APPEAL 121 of 2007 on 28 December 2006

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THE HONOURABLE MR.JUSTICE M.V.MURALIDHARAN

M.Balasundaram... Respondent in Crl.A.No.121/2007M.Venkatesh... Respondent in Crl.A.No.122/2007D.Rajkumar... Respondent in Crl.A.No.123/2007B.Susila... Respondent in Crl.A.No.124/2007V.Sasidharan... Respondent in Crl.A.No.125/2007V.Jagadheesvari... Respondent in Crl.A.No.126/2007

Prayer in all Crl.Appeals :- These Criminal appeals arefiled under Section 378 of Criminal Procedure Code praying toset aside the order dated 28.12.2006 made in C.C.Nos.35 of2003, 641 of 2002, 275 of 2003, 351 of 2002, 143 of 2002 and325 of 2002 on the file of the Judicial Magistrate No.1,Pollachi and direct to restore the case on file and proceedfurther against the accused/respondent.

These appeals have been filed to set aside the orderpassed by the No.1, Pollachi in C.C.Nos.35 of 2003, 641 of2002, 275 of 2003, 351 of 2002, 143 of 2002 and 325 of 2002dated 28.12.2016.

2. Though notice was served on the respondents, theirnames are also printed in the cause list but there is norepresentation for the respondents. Hence, this Court isappointed as Mr.P.Anbazhagan, Advocate, as legal aid counselappearing for the respondents and now he also appeared beforethis Court.

3. It is seen from the records that the appellant hadappeared before the trial Court for more than four years, buthe did not appear before the said Court for only one hearingi.e.28.12.2006, and hence, the trial Court dismissed the casehttps://hcservices.ecourts.gov.in/hcservices/for non-prosecution.

4. Time and again, this Court and the Hon'ble Apex Courtvery categorically held that the trial Court should not bedismissed the case merely, because of non-appearance of theappellant, but the trial Court has not passed detailedspeaking order.

5. Considering the facts and circumstances of the caseand also dismissal of the complaint, this Court is inclined topass the following the orders:

i) The Criminal Appeals are allowed andthe impugned orders passed in C.C.Nos.35 of2003, 641 of 2002, 275 of 2003, 351 of 2002,143 of 2002 and 325 of 2002 on the file ofthe the Judicial Magistrate No.1, Pollachidated 28.12.2016 is set aside and the casesare remanded to the said Court for freshdisposal after giving due notice to both theparties concerned.

ii) On condition that the appellant isdirected to pay a sum of Rs.1,000/- in each cases toMr.P.Anbazhagan, learned legal aid counselappearing for the respondents, with a periodof two weeks from the date of receipt of acopy of this order.

iii) The learned Judicial MagistrateNo.1, Pollachi is directed to dispose of thecase on merits and in accordance with law,within a period of three months from the dateof receipt of a copy of this order.

iv) Both the parties are directed to co-operate for speedy disposal of the casesbefore the trial court, without giving anyadjournments.

Sd/-

Assistant Registrar(CS-IX)

//True Copy//

Sub Assistant Registrar

bri

To