1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.09.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD)No.760 of 2011 S.Sudha .. Petitioner vs. 1.N.Gokulaprasad 2.Chellamani 3.Nageswaran 4.Baby Rani 5.Jayabal .. Respondents Criminal Revision Petition filed under Section 397 and 401 of Criminal Procedure Code to restore C.C.No.195 of 2008 by revising the order of the learned Judicial Magistrate, Periyakulam, Theni District made in his order dated 26.07.2011 and by setting aside the order of dismissal for default and direct the learned Judicial Magistrate, Periyakulam, Theni District to restore the matter on file. For Petitioner : M/s.Veera.Kathiravan *** O R D E R This Criminal Revision is preferred to set aside the order of dismissal for default dated 26.07.2011 passed in C.C.No.195 of 2008 by the learned Judicial Magistrate, Periyakulam, Theni District and direct the learned Judicial Magistrate to restore the case on file. 2. The petitioner filed a private complaint which was taken on file in C.C.No.195 of 2008 on the file of the learned Judicial Magistrate, Periyakulam, Theni District. When the case was posted for hearing on 26.07.2011, the third accused was present and the absence of the accused 1, 2, 4 and 5 was condoned on petition under Section 317 Cr.P.C. Since the petitioner was not present before the Court, the Court below dismissed the complaint for non-prosecution. Hence, this revision. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In private complaint cases, when the complainant was not present before the Court, the Court has to issue notice to the complainant to appear on a particular date and also to ascertain whether the presence of the complainant was very much essential for the progress of the case and if his presence was not required for the particular date of hearing, the Court can grant one more adjournment for the appearance of the complainant, as per the settled principles of law. The Court below has not followed any of the above said guidelines and hence, the order challenged before this Court is not sustainable. In view of the above said position, the order of dismissal has to be set aside and the revision be allowed. In the result, the criminal revision is allowed directing the Court below to restore C.C.No.195 of 2008 on its file and to proceed with the case in accordance with law. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To The Judicial Magistrate, Periyakulam, Theni District. srm rl/2c – 26.9.2011 Crl.R.C.(MD)No.760 of 2011 12.09.2011 https://hcservices.ecourts.gov.in/hcservices/