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2010 Supreme(Mad) 5501

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
M. Manikandan
Versus
State of Tamil Nadu, rep. by its Commissioner of Police & Another
H.C.P. No.2227 of 2010
Decided On : 21-12-2010

Advocates Appeared:
For the Petitioner:N.A., Advocate.
For the Respondents: V.R. Balasubramanian, Additional Public Prosecutor.

Failure to prosecute a petition can lead to its dismissal.

Headnote:

Dismissal - Habeas Corpus Petition - Non Prosecution - The court dismissed the habeas corpus petition due to non-prosecution by the petitioner.

Fact of the Case:

The petitioner failed to appear for the hearing, leading to non-representation.

Finding of the Court:

The court had no option but to dismiss the petition due to lack of representation by the petitioner.

Issues: Non-representation of the petitioner leading to dismissal of the petition.

Ratio Decidendi: Failure to prosecute the petition led to its dismissal.

Final Decision: The habeas corpus petition is dismissed for non-prosecution.

Judgment :-

(Order of the Court was made by M. CHOCKALINGAM,J)

1. When the matter was taken up for consideration on the last hearing, there was no representation for the petitioner. Under such circumstances, the matter is posted this date. Even this date, there is no representation for the petitioner. Hence, this Court has no option than to dismiss the petition. Accordingly, the habeas corpus petition is dismissed for non prosecution.


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