This Criminal Original petition has been filed seeking to issue suitable directions to the learned XVIIIth Metropolitan Magistrate at Saidapet, Chennai- 18 to re-open the case in M.P.No.2570/A/2016, which was closed on 22.06.2017.
2. The petitioner's complaint dated 07.09.2016 came to be closed since the complainant was continuously absent. I do not find any infirmity in the order dated 22.06.2017, passed by the learned Magistrate.
3.Nevertheless, the learned counsel for the petitioner has made a request to take a lenient view in the said matter and has further undertaken to co-operate and appear before the learned Magistrate when the matter is called. Though there is no infirmity in the order dated 22.06.2017 passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, by taking sympathetic view, I am of the view that the petitioner can be given one more opportunity to get along with the case.
4. In view of the same, the order dated 22.06.2017 passed in Crl.M.P.No.2570/A/2016 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai is set aside. Consequently, there shall be a direction to the XVIII Metropolitan Magistrate, Saidapet, Chennai to take the petitioner's complaint on file by following the procedure contemplated under law. This Criminal Original Petition stands allowed.
10.08.2017 smi To
1. The XVIII Metropolitan Magistrate at Saidapet, Chennai- 18.
2. The Additional Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
smi Crl.O.P. No. 18419 of 2017 06.09.2017