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Madras High CourtCRL MP(MD)/3479/2023dismissed

Pandi v. Santhi

2023-04-27Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 27.04.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C(MD)No.SR 8066 of 2023 Pandi ... Petitioner Vs.

1.Santhi 2.Minor Rohith Selva 3.Minor Abiyokita ... Respondents (Minor respondents 2 and 3 are represented through their mother and natural guardian Santhi, namely the first respondent) PRAYER in Crl.M.P(MD)No.3479 of 2023: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 149 days in filing the above Criminal Revision against the order passed by the Family Court, Sivagangai in M.C.No.49 of 2021, dated 28.06.2022. PRAYER in Crl.R.C(MD)No.8066 of 2023 : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C, to call for the records pertaining 1/4

to the order, dated 28.06.2022 made in M.C.No.49 of 2021 on the file of the Family Court, Sivagangai and set aside the same. For Petitioner : Mr.B.Arun For Respondents : Mr.D.Venkatachalam

ORDER

This Petition has been filed to condone the delay of 149 days in filing the criminal revision against the order passed by the Family Court, Sivagangai in M.C.No.49 of 2021, dated 28.06.2022.

2. It is seen from the records that this Court, while ordering notice to the respondent on 01.03.2023, has directed the petitioner to deposit 50% of the arrear amount before the Family Court, Sivagangaii in M.C.No.49 of 2021 and posted the matter on 27.03.2023. When the matter was taken up on 27.03.2023, there was no representation for the petitioner, the matter was adjourned to 13.04.2023 and on that day, at request of the petitioner's counsel, the matter was adjourned to 27.04.2023, i.e., today, for reporting compliance finally.

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3. The learned counsel for the petitioner would submit that the petitioner has not complied with the order sofar.

4. In view of the above, despite granting of sufficient time, the petitioner has not complied with the order of this Court. Hence, this Court has no other option, but to dismiss the delay condonation petition. Accordingly, the Criminal Miscellaneous Petition is dismissed. The Criminal Revision Case is rejected at the SR stage itself. 27.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To The Judge, Family Court, Sivagangai.

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K.MURALI SHANKAR,J.

das Order made in in Crl.R.C(MD)No.SR 8066 of 2023 Dated: 27.04.2023 4/4