Madras High CourtCRL MP/1380/2019dismissed

G.Kavitha v. T.Mahirishi

2019-02-19Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2019

CORAM

THE HONOURABLE Mr. JUSTICE P.VELMURUGAN Crl.M.P.No.1380 of 2019 in Crl.R.C.SR.4298 of 2019 G.Kavitha ... Petitioner Vs

1. T.Mahirishi

2. Tamilselvam

3. Mala

4. Nivesh ... Respondents Prayer in Crl.M.P.No.1380 of 2019: Criminal Revision Petition filed under Section 5 of Limitation Act, to condone the delay of 8 days in filing this Criminal Revision Case against the order dated 17.10.2018 passed in C.M.P.No.9181 of 2018 on the file of the learned Judicial Magistrate-II, Salem. Prayer in Crl.R.C.No.SR4298 of 2019: Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C, to set aside the order passed in C.M.P.No.9181 of 2018 on the file of the learned Chief Judicial Magistrate-II, Salem dated 17.10.2018.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Notice served - no appearance

O R D E R

This Criminal Miscellaneous Petition has been filed seeking to condone the delay of 8 days in filing the above criminal revision.

2. The petitioner has filed a complaint against the respondents before the learned Judicial Magistrate No.II, salem, which was rejected by order dated 17.10.2017. Against which the petitioner has filed the present revision with the delay of 472 days.

The learned counsel appearing for the petitioner would submit that the petitioner being a single lady, could not mobilise fund to file this revision and hence the delay of 8 days has occurred and the same is neither wilful nor wanton. Hence he seeks to condone the above delay.

This Court has carefully gone through the papers placed before it. There is no valid reason assigned in the affidavit filed in support of this miscellaneous petition, seeking condonation of delay and it would not suffice for the Court to condone the delay, and hence this Court is not inclined to allow this petition. Accordingly, this criminal miscellaneous petition seeking condonation of delay is dismissed.

Consequently, the criminal revision case is rejected at the SR stage itself.

19.02.2019 Index : Yes Speaking Order rli To The Judicial Magistrate-II, Salem.

P.VELMURUGAN,J.

rli Crl.M.P.No.1380 of 2019 in Crl.R.C.SR.4298 of 2019 19.02.2019