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Madras High CourtCRL MP/1624/2021rejected

Prakash @ Gokul Das v. P.Menaka Gandhi

2021-04-01Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Crl.MP.No.1624 of 2021 in Crl.RC.No.SR4565 of 2021 Prakash @ Gokul Das ... Petitioner

Versus

1.P.Menaka Gandhi 2.Minor G.Lohith 3.Minor G.Sooriya Priya rep by their mother P. Menaka Gandhi ... Respondents Criminal miscellaneous petition is filed under Section 5 of the Limitation Act, to condone the delay of 161 days in filing this criminal revision petition against the order dated 08.07.2019 in MP.No.211 of 2019 in M.C.No.318 of 2018, on the file of the learned V-Additional Family Judge at Chennai. Crl. RC. SR.4565 of 2021: This Revision Case filed under Section 397 R/W & 401 of Crl.P.C Prayed to Set-aside the order made in M.P.No.211 of 2019 in MC.NO.318 of 2019 dated 08/07/2019 by the V Additional Family Court at Chennai. For Petitioner : No Appearance For Respondents: Mr. M.Anantha Vishnu

O R D E R

Today, this matter is listed under the caption "for reporting compliance".

2.This Court by an order dated 17.03.2021 in Crl.Mp.No.1624 of 2021 in Crl.Rc.No.SR4565 of 2021, condoned the delay of 161 days in filing the above Criminal Revision Case, on condition for making deposit 50% of arrears amount to the credit of M.P.No.211 of 2019 in M.C.No.318 of 2018 on the file of the learned V Additional Family Court, Chennai on or before 31.03.2021, since the revision case is filed against the award of interim maintenance directed by the Trial Court. Therefore, this Court has also clearly mentioned in that order, that if the petitioner fails to comply with the conditional order, this miscellaneous petition shall stand dismissed automatically without any further reference. Inspite of the miscellaneous petition is being listed under the https://hcservices.ecourts.gov.in/hcservices/

caption "for reporting compliance" and passed a conditional order, none appeared for the revision petitioner. It seems the conditional order passed by this Court has not been complied with by the petitioner.

3.Accordingly, the order dated 17.03.2021 in Crl.Mp.No.1624 of 2021 in Crl.Rc.No.SR4565 of 2021, passed by this Court is cancelled herewith and the Criminal Revision Case is rejected. No costs.

klt s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar To The learned V-Additional Judge Family Court, Chennai.

• 1 cc to Mr. P. Ganaraj, Advocate Sr.21526 copy to: The Sub Assistant Registrar, Criminal Section, High Court, Madras.

Crl.MP.No.1624 of 2021 in Crl.RC.No.SR4565 of 2021 RLD(DO) EU 4.6.2021 https://hcservices.ecourts.gov.in/hcservices/