Kalaivani v. Renuka

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Nineteenth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K. MURALI SHANKAR Kalaivani ... Petitioner Vs Renuka ... Respondent Prayer :- Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to call for the entire records pertaining to the Judgment dt.16.9.2022 passed by the III Additional District Judge,Thanjavur at Pattukottai in CA.No.44 of 2021 confirming the Judgment dt.20.3.2020 passed by the FTC(Magisterial Level),Pattukottai, Thanjavur District in S.T.C.No.89 of 2019 and set aside the same. ORDER:- This Petition coming on for hearing on this day under the caption 'Extension of time for 'Lower Court' and upon perusing earlier order dated 02.08.2024 and the requisition submitted by the III Additional District 1/4

Judge,Thanjavur at Pattukottai in D.No.26/2025 dated 06.01.2025 seeking further three months time to dispose of the case in C.A.No.44/2021, this Court made the following Order:

Today, this case is listed under the caption for "Extension of Time for Trial Court".

2. It is seen from the records that this Court vide order dated 02.08.2024 directed the appellate Court to dispose of the appeal within a period of two months from the date of receipt of a copy of that order.

3. The learned III Additional District Judge, Thanjavur @ Pattukkottai, has submitted a requisition dated 06.01.2025 stating that the appeal could not be disposed of as the appellant was not co-operating to proceed with the appeal.

4. When the matter is taken up today, the learned counsel for the petitioner would submit that he is not having any instructions.

5. The learned counsel for the respondent would submit that the respondent is ready to proceed with the appeal, but the petitioner alone has been dragging the matter.

6. Considering the above, the learned Appellate Judge is directed to hear the appeal and dispose of the same within a period of one month from the date of receipt of a copy of this order and in case, if the revision petitioner / appellant again 2/4

is not represented by her Counsel, or is adopting dilatory tactics, the learned Appellate Judge is directed to follow the dictum laid down by the Hon'ble Supreme Court in Bani Singh and others Vs. State Of U.P, reported in AIR 1996 SC 2439. Sd/- ASSISTANT REGISTRAR ( CS - I ) // True Copy // / /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai.

TO The III Additional District Judge, Thanjavur at Pattukottai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 19/03/2025 ==========================

ORDER

========================== AS - ( 03.07.2025) 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4