Madras High CourtCRL MP(MD)/1827/2023allowed with costs

A.Mohammednasir v. A.Mydeenpillai

2023-03-07Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.RC.(MD)SR. No.16659 of 2018 A.MOHAMMEDNASIR ... PETITIONER/PETITIONER Vs 1 A.MYDEENPILLAI 2 MOHAMMED MUSTAFA 3 ABDUL RASHIK FORMER PRINCIPAL EXECUTIVE OFFICER TAMILNADU WAKF BOARD,S/O.PAKKERMYDEEN, PANAKALMALIGAI,SAIDAPETTAI, CHENNAI-15.

4 DHARIK MOHAMMED FORMER WAKF BOARD INSPECTOR,JABAR, VALLALSEETHAKATHI NAGAR,CHENNAI-1.

5 VASHEER MOHAMMED FORMER WAKF BOARD SUPERINTENDENT, VALLALSEETHAKATHI NAGAR, CHENNAI-1.

... RESPONDENTS/RESPONDENTS 6 THE INSPECTOR OF POLICE BOOTHAPANDY POLICE STATION, KANNIYAKUMARI DISTRICT.

...6TH RESPONDENT (R6 IS SUO-MOTU IMPLEADED AS PER ORDER OF THE COURT DT.02/02/2023 IN CRL.

MP(MD)1827 OF 2023 IN CRL RC(MD)NO.SR 16659/2018) Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to condone the delay of 968 days in representing the Criminal Revision Petition in Crl.R.C.(MD) SR.No.16659 of 2018 and thus render justice.

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PRAYER IN Crl.RC.(MD)SR. No.16659 of 2018:

To call for records in pursuance of the order passed by the Learned District Munsif Cum Judicial Magistrate, Boothapandi in C.M.P.No.6203/2016 dated 01.02.2018 and set aside the same. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MARI CHELLIAH PRABHU.C.M., Advocate for the petitioner and of M/S.K.ANAND, Advocate for M/S.R.PONKARTHIKEYAN, Advocate on behalf of the Respondent No.1 and not appeared for the respondents 2 & 6, either in person or through by an advocate, the court made the following order:- The Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 968 days in representing the Criminal Revision petition in Crl.R.C.(MD)SR. No.16659 of 2018. 2.Records perused. Heard the learned counsel for the petitioner.

3.Considering the facts and circumstances and also the reasons assigned for the delay, this Court is inclined to condone the delay. Hence, the petition will be allowed on payment of cost of Rs.1,000/- (Rupees One Thousand only) by the petitioner, to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIBI000H040], on or before 23.03.2023, failing which, the petition shall stand dismissed automatically.

4.Post the matter on 24.03.2023.

sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BOOTHAPANDI. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

3.THE INSPECTOR OF POLICE BOOTHAPANDY POLICE STATION, KANNIYAKUMARI DISTRICT.

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4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER IN CHARGE, MADURAI BENCH OF MADRAS HIGH COURT ADVOCATES WELFARE FUND , MADURAI.

+1 CC to M/s.MARI CHELLIAH PRABHU.C.M., Advocate ( SR-3815[I] dated 09/03/2023 )

ORDER

IN CRL MP(MD) No.1827 of 2023 Date :07/03/2023 RK/SAR-4(10/03/2023) 3P/7C 3/3