Madras High CourtCRL MP(MD)/4490/2021allowed

Ribaya Rajathi v. The Inspector Of Police

2021-08-11Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of August Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI Crl.M.P(MD)No.4490 of 2021 in Crl.R.C(MD)SR.No.3175 of 2021 RIBAYA RAJATHI ... PETITIONER/PETITIONER Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT, CRIME NO. 26/2017.

... RESPONDENT/RESPONDENT 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 828 days in filing this Criminal Revision case against Order passed by the Learned Judicial Magistrate, Ambasamudram in Cr. M.P No. 1678/2018 dated 14.09.2018. Prayer in Crl.R.C(MD)SR.No.3175 of 2021:

To call for records relating to the order passed by the Learned Judicial Magistrate, Ambasamudram in Cr.M.P.No.1678 of 2018, dated 14.09.2018 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 MR.T.A.EBENEZER, Advocate for the petitioner and of MR.RMS.SETHURAMAN, Counsel for State (Crl Side)on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 828 days in filing the Criminal Revision Case against the order passed by the learned Judicial Magistrate, Ambasamudram in Cr.M.P.No.1678 of 2018, dated 14.09.2018.

2.Heard both side.

3.Mr.RMS.Sethuraman, learned counsel appearing for State has strongly opposed for allowing this petition.

4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on payment of Rs.2,000/- (Rupees Two Thousand Only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), on or before 24.08.2021, https://hcservices.ecourts.gov.in/hcservices/

failing which this petition shall stand dismissed automatically without further reference to this Court.

5.Call on 25.08.2021.

Sd/- 11/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

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

COPY TO THE SECTION OFFICER ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN Crl.M.P(MD)No.4490 of 2021 in Crl.R.C(MD)SR.No.3175 of 2021 Date :11/08/2021 https://hcservices.ecourts.gov.in/hcservices/ VB/JM/SAR.IV/13.08.2021/2P/5C