Madras High CourtCRL MP(MD)/1218/2023dismissed

Anjammal v. N.Govindaraju

2023-04-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 24.04.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C(MD)No.SR 505 of 2023 Anjammal ... Petitioner Vs.

N.Govindaraju ... Respondent PRAYER in Crl.M.P(MD)No. 1218 of 2023 : Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 35 days in filing the above Criminal Revision against the impugned judgment in Crl.A.No.135 of 2019 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai, dated 06.09.2022, which was confirmed by the Fast Track Court (Magisterial Level) Pattukottai in S.T.C.No.19 of 2019, dated 25.09.2019.

PRAYER in Crl.R.C(MD)No.20118 of 2023 : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C, to call for the records and set aside the judgment in Crl.A.No.135 of 2019 on the file of the learned III 1/4

Additional District and Sessions Judge, Thanjavur @ Pattukkottai, dated 06.09.2022, which was confirmed by the Fast Track Court (Magisterial Level) Pattukottai in S.T.C.No.19 of 2019, dated 25.09.2019. For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.V.Janaki Devi

ORDER

This Criminal Miscellaneous Petition has been filed to condone the delay of 35 days in filing the above Criminal Revision against the impugned judgment in Crl.A.No.135 of 2019 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai, dated 06.09.2022, which was confirmed by the Fast Track Court (Magisterial Level) Pattukottai in S.T.C.No.19 of 2019, dated 25.09.2019.

2. It is evident from the records that this Court vide order dated 15.03.2023, directed the petitioner to deposit a sum of Rs.1,00,000/-before the trial Court on or before 11.04.2023 and subsequently, at request of the learned counsel for the petitioner, the case was adjourned to 24.04.2023. 2/4

3. When the matter is taken up for hearing today (i.e.24.04.2023), the learned counsel for the respondent would submit that the petitioner has not complied with the order of this Court, dated 15.03.2023.

4. Since the petitioner has not complied with the conditional order of this Court, the Criminal Miscellaneous Petition is dismissed. Consequently, Crl.R.C(MD)No.SR505 of 2023, is rejected, at the S.R stage itself.

24.04.2023 NCC : Yes /No Index : Yes / No Internet : Yes / No das To 1.The Fast Track Court (Magisterial Level) Pattukottai.

2.The III Additional District and Sessions Judge, Thanjavur @ Pattukkottai.

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K.MURALI SHANKAR,J.

das Order made in in Crl.R.C(MD)No.SR 505 of 2023 Dated: 24.04.2023 4/4