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1999 Supreme(Mad) 2453

P.KUNHAMED KUTTI
C. Lakshmana Iyer – Appellant
Versus
Pabbl Setti Sethamma – Respondent


Advocates:
G. Gopalaswami, for Respondent.
B. Sriramulu, for the Public Prosecutor on behalf of the State.

Order.-

This is a petition filed by the petitioner in Crl.R.C. No. 1506 of 1962 on the file of this Court, under sections 439 and 561-A of the Criminal Procedure Code for the restoration to file of the said Crl.R.C. No. 1506 of 1962 dismissed by me on 12th November, 1963.

That was a Revision Case filed by the petitioner against the order of the learned Third Presidency Magistrate, Saidapet, discharging the accused in a complaint filed by the petitioner under sections 352, 448, 457, 427, 380, 506 and 120-.B of the Indian Penal Code. The learned Magistrate examined in the case six witnesses and marked eight documents on the side of the petitioner and two documents on the side of the accused and came to the conclusion that sufficient material had not been furnished before him to justify a charge in respect of any of the offences against the accused. Against that order, the petitioner filed a Revision Petition in this Court.

The case was on the list for some days, and when it came up for hearing, the petitioner was absent and had no Counsel to represent him. In the circumstances, I looked into the papers and disposed of the case on merits holding that there was no justification to interfe



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