Madras High CourtCRL MP/13270/2022delay condoned

Appapillai Mohammed Rafiullah v. Jalal Umme Ruman

2022-09-23Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM

THE HONOURABLE MR.JUSTICE.P.VELMURUGAN Crl.RC.SRNo.38700 of 2022 and Appapillai Mohammed Rafiullah ... Appellant vs.

1.Jalal Umme Ruman 2.Zainab Fathima Minor aged about 5 years Rep., by her mother and natural Guardian Mrs.Jalal Umme Ruman .... Respondents Prayer in Crl.M.P.No.13270 of 2022: Criminal Miscellaneous Petition has been filed under Section 5 of Limitation Act, seeking to condone the delay of 48 days in filing the criminal revision.

Prayer in Crl.RC.SR.No.38700 of 2022: Criminal revision case has been filed under Section 397/401of Cr.P.C. to set aside the order dated 28.01.2022 of the V Additional Family Court, Chennai in M.P.No.235 of 2021 in MC.No.67 of 2020 Appellant :

M/s.G.Rajathi Respondent :

Mr.S.Sugendran Additional Public Prosecutor ****** 1/4

ORDER

Reference may be made to the order of this Court on 23.09.2022, which is reproduced as hereunder:- This petition has been filed to condone the delay of 48 days in filing the above Criminal Revision Case.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials availabe on record.

3. The reasons stated in the affidavit filed in support of the petition is not satisfied, however, in order to give opportunity to the petitioner, the delay is condoned that the petitioner shall deposit entire arrears amount as ordered by the Family Court, Chennai from the date of filing the petition to till date to the credit of Crl.M.P.No.13270 of 2022 before this Court on or before 20.10.2022, failing which, the delay condoned is automatically cancelled without any further reference to the Court. Accordingly, this petition is ordered. 4.Post the matter on 26.10.2022 "for reporting compliance".

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2. Pursuant to the order of this Court dated 23.09.2022, the petitioner has not complied with the condition imposed by this Court and accordingly, the petition filed to condone the delay of 48 days in filing the above Criminal Revision case, is dismissed.

3. In view of the order of this Court in Crl.M.P.No.13270 of 2022, dated 26.10.2022, the Criminal Revision is rejected at the SR stage itself. 26.10.2022 Index : Yes/No Internet:Yes/No pbn To V Additional Family Court, Chennai 3/4

P.VELMURUGAN, J.

pbn Crl.RC.SRNo.38700 of 2022 and 26.10.2022 4/4