Madras High CourtCRL MP(MD)/1493/2017allowed

Kaleeswaran v. Ezhilarasi

2018-04-04Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.1493 of 2017 IN CRL RC(MD) No.SR44969 of 2016 1 KALEESWARAN 2 KUNJARAVELU 3 KANAGAVALLI 4 UMA 5 NITHYA 6 SELVAKUMAR ...APPELLANTS/APPELLANTS/ RESPONDENTS Vs EZHILARASI ... RESPONDENT/RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 132 days in filing the criminal revision petition in C.A.No. 10/15 on the file of the Honourable Fast Track Mahila Court, Sivagangai dated 12.05.2016 in D.V.O.P 4 of 2015 on the file of the learned Judicial Magistrate No.

1, Sivagangai Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PUGALENDHI, Advocate for the petitioners and of MR.N.SATHISH BABU, Advocate for the Respondent, the court made the following order:- On the side of the petitioners, it is stated that the first petitioner met with an accident and also got injury on right and left legs. Moreover, he suffered from Dengu Fever and could not contact his counsel in time and was not able to file this criminal revision petition in time and requests to condone the delay of 132 days in filing the criminal revision petition. 2.On the side of the respondent it is stated that the first petitioner failed to pay the maintenance amount as per the order of the learned Judicial Magistrate No.

I, Sivagangai and no medical documents are filed with this petition to substantiate his contention.

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3.Reason stated in the petition is not satisfactory, but a fair opportunity is to be given to the petitioner. 4.In such circumstances, this petition is allowed with a condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards the balance amount of maintenance by way of Demand Draft on or before 19.04.2018 and the same will be deducted in the maintenance amount, failing which this petition will be dismissed.

5.The Registry is directed to number this petition, if it is otherwise in order.

sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, FAST TRACK COURT, SIVAGANGAI.

2 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

3 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

Copy to:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.S.PUGALENDHI Advocate SR.No.5393 +1 CC TO MR.N.SATHISH BABU, Advocate SR.No.5591

ORDER

IN CRL MP(MD) No.1493 of 2017 IN CRL RC(MD) No.SR44969 of 2016 Date :04/04/2018 SMA/PMI/VK/17.04.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/