Madras High CourtCRL MP(MD)/1924/2020allowed

Veeralakshmi v. Sorimuthu

2021-07-22Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.1924 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of July Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.1924 of 2020 in Crl.R.C(MD)SR.No.6361 of 2020 VEERALAKSHMI ... PETITIONER/ PETITIONER Vs 1 SORIMUTHU 2 SANKARAGOMATHI 3 GANESAN 4 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, VASUDEVANALLUR, TIRUNELVELI DISTRICT.

... RESPONDENTS/ RESPONDENTS 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 539 days in preferring Criminal Revision against the dismissal order in R.C.S.NO.23 of 2018 on the file of the Learned Additional District Munsif Cum Judicial Magistrate, Sivagiri dated 25/06/2018.

PRAYER IN Crl.R.C(MD)SR.No.6361 of 2020:

To call for the records of the Learned Additional District Munsif Cum Judicial Magistrate, Sivagiri in R.C.S.No.23 of 2018 and set aside the order dated 25.06.2018.

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.P.T.THIRAVIAM, Advocate for the petitioner and of Ms.GAYATHRI, Advocate for Mr.M.V.SHAMEEM JOHN, Advocate for the respondents 1 & 2 and Mr.RMS.SETHURAMAN, Government Advocate (Crl.side) for the 4th respondent and 3rd respondent not appeared either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 539 days in preferring the Criminal Revision Case against the dismissal order, dated 25.06.2018 made in R.C.S.No.23 of 2018 on the file of the learned Additional District Munsif Cum Judicial Magistrate, Sivagiri.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1924 of 2020 2.Heard both side.

3.Mr.RMS.Sethuraman, learned Government Advocate (Crl.side) and Ms.Gayathri, learned counsel for Mr.M.V.Shameem John appearing for R1 and R2 have strongly opposed for allowing this petition. No representation for R3.

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.1,000/- (Rupees One Thousand Only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), on or before 29.07.2021, failing which this petition shall stand dismissed automatically without further reference to this Court.

5.Call on 30.07.2021. sd/- 22/07/2021 / 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 ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAGIRI.

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

3 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, VASUDEVANALLUR, 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 MP(MD) No.1924 of 2020 IN Crl.R.C(MD)SR.No.6361 of 2020 Date :22/07/2021 VSD MS/VR/SAR-4/23.07.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2