IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 24.02.2017 CORAM THE HONOURABLE MR. JUSTICE S. NAGAMUTHU AND THE HONOURABLE MRS. Dr.JUSTICE ANITA SUMANTH CRL.A.No.45 of 2013 Tmt.Anitha Appellant Vs John Sundar Respondent Appeal filed u/s.341 Cr.P.C., against the impugned Order of the learned Single Judge of this Court in Sub Application No.189 of 2010 in Contempt Petition No.30 of 2009 dated 14.06.2012.
For Appellant : No appearance For Respondent : Mr.P. Govindarajan Addl. Public Prosecutor JUDGMENT [Judgment of the court was delivered by S.NAGAMUTHU, J.] This matter has been pending from the year 2013. On 10.01.2017 when this matter has come up for hearing, the appellant appeared before this Court and submitted that the counsel on record Mr.Jainshankar, has returned the papers to her and therefore, she wanted to engage a different counsel. She wanted a week's time to engage a counsel. The same was recorded and the matter was adjourned to 19.1.2017. On 19.01.2017 the appellant made appearance and she requested time to engage a counsel. Therefore, the matter was adjourned to 20.02.107.
2. On 20.02.2017 when the matter was taken up for hearing, the appellant did not appear. Therefore, this Court directed the Registry to print the name of the appellant in the cause list and matter was adjourned to 22.02.2017.
3. On 22.02.207 when the matter came up for hearing, though the name of the appellant was printed in the cause list, the appellant did not appear before this Court. She had not engaged any counsel also. There was no representation on her behalf. However, in order to give one more chance to the appellant, the matter was adjourned to today.
4. Today (24.02.2017) when the matter was taken up in the morning sessions, there was no representation for the appellant. The appellant also did not appear. Therefore, this Court passed over the matter. The matter was taken up at 1.30 p.m,. Though the appellant was called, she did not make appearance. There was no representation on her behalf. She has not engaged any counsel. It appears that the appellant is not interested in prosecuting the matter. Therefore, the appeal is dismissed for non-prosecution.
(S.N.J.,) (A.S.M.J.,) 24-02-2017 Index : Yes Internet : Yes sr S. NAGAMUTHU,J., and ANITA SUMANTH,J., To The Public Prosecutor, High Court, Chennai.
Judgment in Crl.A.No.45/2013 24-02-2017 http://www.judis.nic.in