This petition is filed seeking to set aside the dismissal order of CMP.35/2015 dated 12.07.2017 and direct the Hon'ble Additional District Judge-II, Poonamallee to take the case on file and dispose the same.
2.Heard Mr.M.Mohanasundaram, learned counsel for the petitioner and Mr.P.Govindarajan, learned Additional Public Prosecutor for the respondents.
3.It is seen from the adjudication orders that the petitioner was absent for only two hearings i.e., on 13.04.2017 and 13.06.2017. Subsequently, when the matter was called on 12.07.2017, the same came to be dismissed for default.
4.Learned counsel for the petitioner submitted that due to ill health, she could not appear before the Trial Court for the aforesaid dates.
5.Since the petitioner has submitted that she could not appear before the Trial Court owing to her ill health, hence the order dated 12.07.2017 passed in CMP.No.35 of 2015 dated 12.07.2017 on the file of the learned Additional District Judge-II, Poonamallee, is set aside. Subsequently, the learned Additional District Judge-II, Poonamallee, is directed to take up the same on file and proceed in accordance with law.
6.With the above observations, the Criminal Original Petition stands allowed. 19.09.2017 Index:Yes/No Internet:Yes/No rm To
1.The Inspector of Police, T-15, SRMC Police Station Porur.
2.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, rm Crl.O.P.No.19582 of 2017 19.09.2017