Madras High CourtCRL MP/12049/2021delay condoned

J.Palanishankar v. M.Anitha

2021-12-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Tenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.12049 of 2021 IN CRL.R.C.SR.No.40545 of 2021 J.PALANISHANKAR [ PETITIONER ] Vs 1 M.ANITHA [ RESPONDENTS ] 2 MINOR P.KIRUTHIKA D/O. J.PALANI SHANKAR, REP BY HER MOTHER M.ANITHA, Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 211 days in filing the above Criminal Revision Petition, against the order dated 29.05.2019 passed by the Hon`ble IV Additional Family Court at Chennai in M.P.No.86 of 2019 in M.C.No. 120 of 2018.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. A.MOHAMED ISMAIL, Advocate for the petitioner and of NO APPEARANCE on behalf of the Respondents the court made the following order:- This petition has been filed seeking to condone the delay of 211 days in filing the revision against the order dated 29.05.2019 passed by the IV Additional Family Court, Chennai in M.P.No.86 of 2019 in M.C.No.120 of 2018.

2. The learned counsel appearing for the petitioner would submit that the petitioner has been suffering from prolonged illness on account of "Varicose Veins" disease and that due to covid he is unemployed and he was unable to file the petition in time. https://hcservices.ecourts.gov.in/hcservices/

3. Notice was served on the respondents and the names of the respondents are also printed in the list. There is no representation for the respondents.

4. Taking into consideration of the facts and circumstances, this Court is inclined to condone the delay. Accordingly, the delay is condoned on condition that the petitioner pays a sum of Rs.1,000/- (Rupees One Thousand only) to the Advocate Welfare Fund, Bar Council of Tamil Nadu and Puducherry within the period of one week. -sd/- 10/12/2021 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 1 THE IV ADDITIONAL FAMILY COURT CHENNAI.

2 THE PRESIDENT, ADVOCATE WELFARE FUND, BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY.

3 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S. A.MOHAMED ISMAIL Advocate on payment of necessary charges Order in CRL MP.12049/2021 in CRL.R.C.SR.No.40545 of 2021 Date :10/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 16/12/2021 https://hcservices.ecourts.gov.in/hcservices/