R.Madhanraja v. M.Arivukadal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.648 of 2019 Crl.R.C.SR.No.1875 of 2019 R.MADHANRAJA [ PETITIONER / APPELLANT / RESPONDENT ] Vs 1 M.ARIVUKADAL [ RESPONDENTS / RESPONDENTS / PETITIONERS ] 2 MINOR. NAVEENRAJA 3 MINOR. YUVANRAJA S/O.MADHAN RAJA, THE 2ND AND 3RD RESPONDENTS ARE MINORS REPRESENTED BY GUARDIAN, MOTHER OF THE 1ST PETITIONER Petition praying that in the circumstances stated therein the High Court will be pleased to condone the delays of 678 days filing the revision petition in Crl.R.C.No.---of 2019 in M.C.No.29 of 2015 order dated 02.12.2016 on the file of Chief Judicial Magistrate Court at Villupuram.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.T.V.G.KARTHEEBAN, Advocate for the petitioner and of M/S.C.PRABAKARAN Advocate on behalf of the Respondents the court made the following order:- The petition has been filed to condone the delay of 678 days in filing the above Criminal Revision case against the order in M.C.No.29 of 2015 dated 02.12.2016 on the file of the Chief Judicial Magistrate Court at Villupuram.

2. The learned counsel for the petitioner would submit that the order in M.C.No.29 of 2015 is an exparte order and his wife /the first respondent is working under Central Government. https://hcservices.ecourts.gov.in/hcservices/

3.Though the submissions accompanying with the affidavit is not satisfactory, the petition is filed against an exparte order and the paternity of the children is not disputed by the petitioner, this Court is inclined to condone the delay 678 days in filing the revision petition on condition that the petitioner deposits the arrears of the maintenance amount of R2 and R3/minor children, to the credit of M.C.No.29 of 2015 on the file of the Chief Judicial Magistrate Court at Villupuram on or before 30.09.2021, failing which, the petition shall stand dismissed automatically without any further reference.

-sd/- 20/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO THE CHIEF JUDICIAL MAGISTRATE COURT, VILLUPURAM.

C.C. to M/S.T.V.G.KARTHEEBAN Advocate on payment of necessary charges Order in CRL.MP.NO.648/2019 IN CRL.R.C.SR.NO.1875 OF 2019 Date :20/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:21/09/2021 https://hcservices.ecourts.gov.in/hcservices/