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Madras High CourtCRL MP(MD)/2391/2023dismissed

Abdul Kadhar v. Shakira

2023-06-21Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C.(MD) SR. No.5589 of 2023 and Crl.R.C.(MD) SR. No.5589 of 2023 Abdul Kadhar ... Petitioner/Petitioner vs.

Shakira ... Respondent/Respondent PRAYER in : Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 194 days in preferring the above criminal revision against in M.C.No.12 of 2015 on the file of the learned Family Court, Trichy dated 28.04.2021. PRAYER in Crl.R.C.(MD) SR. No.5589 of 2023 : Criminal Revision filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed by the learned Family Court, Trichy in M.C.No.12 of 2015 dated 28.04.2021 and set aside the same and allow the above criminal revision petition.

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For Petitioner/Petitioner : Mr.K.M.Karunakaran in both cases For Respondent in both : No appearance cases COMMON ORDER This Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 194 days in preferring the Criminal Revision challenging the order passed in M.C.No.12 of 2015 dated 28.04.2021 on the file of the Family Court, Trichy.

2. It is seen from the records that this Court, vide order dated 11.04.2023, has passed a conditional order directing the petitioner to deposit 25% of the maintenance arrears before the Family Court, Trichy in M.C.No.12 of 2015 on or before 27.04.2023, failing which, the petition shall stand dismissed automatically.

3. When the matter was taken up for hearing on 28.04.2023, the learned counsel appearing for the petitioner submitted that he may by permitted to file an extension petition.

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4. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has neither complied with the order nor filed any extension petition.

5. Since the petitioner has not complied with the conditional order of this Court dated 11.04.2023, this criminal miscellaneous petition is dismissed. Consequently, Crl.R.C.(MD)SR.No.5589 of 2023 is rejected at SR stage itself.

21.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm 3/4

K.MURALI SHANKAR, J.

csm in Crl.R.C.(MD) SR. No.5589 of 2023 and Crl.R.C.(MD) SR. No.5589 of 2023 Dated : 21.06.2023 4/4