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2026 Supreme(Online)(Mad) 37471

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
R.Kasthuri – Appellant
Versus
K.V.Prakash – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Saravana Kumar
For the Respondents: Mr.A.Sarangan

Table of Content
1. challenge to summary dismissal of appeal for non-prosecution. (Para 1 , 3)
2. arguments heard from both counsels. (Para 2)
3. appellate court must scrutinize records, appoint amicus curiae. (Para 4 , 5 , 6)
4. appeal allowed, remitted for fresh consideration. (Para 7)

ORDER

This Criminal Revision Petition has been filed challenging the judgment passed by the XIX Additional Sessions Judge, City Civil Court, Chennai in Crl.A.No. 925 of 2024 dated 28.07.2025.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. On perusal of the order passed by the learned XIX Additional Sessions Judge, City Civil Court, Chennai, it was not on merit. The learned XIX Additional Sessions Judge, City Civil Court, Chennai has passed the following order:

“Appellant called absent, No representation for appellant side.

Conditional order for appearance of the appellant and for advancing argument not complied. It appears that appellant is not interested to prosecute this appeal. Hence, this criminal appeal stands dismissed.”.

4. From a perusal of the impugned order, it discloses that the learned Judge has summarily dismissed the appeal without going into the

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