P.Nagarajan v. Kanchana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. P.Nagarajan

2. Palani ... Petitioners Vs.

Kanchana ... Respondent PRAYER: Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., praying to allow this Criminal Revision Petition by setting aside the order dated 01.08.2024 in Crl.M.P.No.2839 of 2024 passed by the learned Principal District and Sessions Court, Chennai. For Petitioner :

No appearance For Respondent :

No appearance

ORDER

The Criminal Revision Case has been preferred as against the order dated 01.08.2024, passed by the learned Principal District and Sessions Court, Chennai, in Crl.M.P.No.2839 of 2024, thereby condoned the delay of 235 days in filing the appeal by the respondent herein, against the order dated 13.03.2023, passed in M.C.No.124 of 2014 on the file of the the learned IX Metropolitan Magistrate, Saidapet.

2.

The first petitioner is the husband of the respondent and they got

married on 05.03.2012. Thereafter, the respondent was driven out from her matrimonial home by doing cruelty. Therefore, the respondent filed complaint in M.C.No.124 of 2014 under the Domestic Violence Act, as against the petitioners. It was dismissed by an order dated 13.03.2023 by the learned IX Metropolitan Magistrate, Saidapet. Aggrieved by the same, the respondent preferred an appeal with the delay of 235 days and the same was allowed by the appellate Court. Challenging the said order, the petitioners filed the present revision.

3.

On perusal of the condone delay petition, it is revealed that the respondent had stated valid reasons to condone the delay of 235 days. Therefore, the appellate Court rightly allowed the petition and condoned the delay in filing the appeal. This Court finds no infirmity or illegality in the order passed by the Court below.

4.

Accordingly, the Criminal Revision Case stands dismissed. 26.08.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts To

1. The Principal District and Sessions Court, Chennai.

2. IX Metropolitan Magistrate, Saidapet.

G.K.ILANTHIRAIYAN. J, rts 26.08.2025