1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.08.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD).No.640 of 2011 and M.P.(MD) Nos.2 and 3 of 2011 Thiagarajan .. Petitioner vs. Duraisamy .. Respondent Criminal Revision Petition filed under Section 397 r/w. 402 of Criminal Procedure Code to call for the records relating to the order dated 23.08.2010 in Criminal Appeal No.93 of 2008, on the file of the Additional District Judge (Fast Track Court No.I), Tiruchirapalli confirming the conviction and sentence passed in C.C.No.300 of 2006, dated 18.07.2008 passed by the learned Judicial Magistrate, Manapparai and set aside the same and allow the above criminal revision petition. For Petitioner : M/s.J.Anandkumar O R D E R This Criminal Revision is preferred to call for the records relating to the order dated 23.08.2010 in Criminal Appeal No.93 of 2008, on the file of the Additional District Judge (Fast Track Court No.I), Tiruchirapalli confirming the conviction and sentence passed in C.C.No.300 of 2006, dated 18.07.2008 passed by the learned Judicial Magistrate, Manapparai and set aside the same. 2. The petitioner is the accused in C.C.No.300 of 2006, on the file of the Judicial Magistrate, Manapparai. The case ended in conviction and he preferred an appeal before the learned Additional District Judge (Fast Track Court No.I), Tiruchirapalli, in Criminal Appeal No.93 of 2008. When the case was posted for hearing, on 23.08.2010, he did not appear and his counsel was also not present. Hence, the learned Fast Track Judge dismissed the appeal for default. 3. The learned counsel for the petitioner would submit that only on the date of hearing, i.e. on 23.08.2010, the appellant could not be present due to his illness and his counsel was also not present due to unavoidable circumstances and that one more chance may be given to the appellant to put forth his contention before the Court below. 4. This Court is of the view that one more opportunity may be accorded to the petitioner to proceed with the case. In such view of this matter, the order of dismissal has to be set aside and it is accordingly set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 In the result, the criminal revision case is allowed directing the Additional District Judge (Fast Track Court No.I), Tiruchirapalli, to restore the appeal in C.A.No.93 of 2008 on file and dispose of the same in accordance with law. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar(CS) To 1. The Additional District Judge (Fast Track Court No.I), Tiruchirapalli. 2.The Judicial Magistrate, Manapparai 3. The Chief Judicial Magistrate, Trichy srm GH : 16.08.2011 : 2p/4c Crl.RC.(MD).No.640 of 2011 02.08.2011 https://hcservices.ecourts.gov.in/hcservices/