T.Suyampulingam v. S.Vivekananthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in Crl.R.C.SR.No.34656 of 2022 T.Suyampulingam ... Petitioner

Versus

S.Vivekananthan ... Respondent Prayer: Criminal Miscellaneous Petition filed under Sections 5 of Limitation Act, 1963 to condone the delay of 238 days in presenting the Criminal Revision against order, dated 10.09.2019 made in C.M.P.No.3240 of 2019 on the file of the learned Judicial Magistrate No.II, Tirupur. For Petitioner : Mr.K.Sudhakar For Respondent : Mr.N.Manoj Kumar

ORDER

The Revision Case is filed against an order of the learned Magistrate refusing to refer the complaint for investigation under Section 156(3) of Cr.P.C. As per the complaint, the occurrence happened on 22.04.2019 and therefore, if 1/3

no action has been taken against the particular incident, when the learned Magistrate has dismissed the petition, filing this Revision Case with a delay of 238 days causes serious prejudice and at this belated stage, no proper investigation can also be made.

2. Considering the nature and circumstances of the case, I am of the view that it is not possible to condone the delay of 238 days.

3. Therefore, the petition is dismissed and accordingly, the Crl.R.C.SR.No.34656 of 2022 is rejected.

26.08.2022 Index : yes/no Internet: yes/no Speaking order/Non-speaking order grs To The Judicial Magistrate No.II, Tirupur.

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D.BHARATHA CHAKRAVARTHY. J., grs 26.08.2022 3/3