Kanagaraj v. Subbulakshmi

Crl.M.P.(MD).No.3489 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD).No.3489 of 2023 in Crl.RC.(MD).SR.No.2400 of 2023 KANAGARAJ ... APPELLANT / RESPONDENT Vs 1 SUBBULAKSHMI 2 MINOR.JOTHIKA ... RESPONDENTS / PETITIONERS 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 16 days in filing the criminal revision petition against the impugned against the judgment passed by the learned Family Court,Srivilliputhur, and Virudhunagar in M.C.No.47 of 2017 dated 06.09.2022 and modify the judgment made in M.C.No.47 of 2017 on the file of the Learned Family Court, Srivilliputhur, and Virudhunagar dated 06.09.2022.

Prayer in Crl.RC.(MD).SR.No.2400 of 2023:

To call for the records pertaining in judgment passed by the Learned Family Court, Srivilliputhur, Virudhunagar in M.C.No.47 of 2017 dated 06.09.2022 and modify the judgment made in M.C.No.47 of 2017 on the file of the Learned Family Court, Srivilliputhur, and Virudhunagar dated 06.09.2022 and to allow this criminal revision petition.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.KARUNANIDHI.R, Advocate for the petitioner and of MR.M.JEGADESH PANDIAN, Advocate on behalf of the Respondents, the court made the following order:- Today (09.06.2023), when the matter is taken up for hearing, learned counsel for the petitioner submitted that the order of this Court dated 21.03.2023 has not been complied with.

2. On perusal of records, it is seen that this Court while ordering notice to the respondents, has directed the petitioner to https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.(MD).No.3489 of 2023 deposit 50% of the arrears amount before the trial Court vide order dated 21.03.2023 and subsequently, at the request of learned counsel for the petitioner, this matter was adjourned to 28.03.2023, 11.04.2023 and 28.04.2023 for reporting compliance. Since the petitioner has not been complied with the order of this Court, this Court was constrained to pass the conditional order and directed to comply with the order of this Court dated 21.03.2023 on or before 08.06.2023, filing which, this petition stands dismissed automatically.

3. Till date the order of this Court dated 21.03.2023 has not been complied with. Hence, this Criminal Miscellaneous Petition stands dismissed.

sd/- 09/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, SRIVILLIPUTHUR, VIRUDHUNAGAR +1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-8558[I] dated 12/06/2023 )

ORDER

IN Crl.M.P.(MD).No.3489 of 2023 in Crl.RC.(MD).SR.No.2400 of 2023 Date :09/06/2023 sbn MK/07.07.2023 2P 3C https://www.mhc.tn.gov.in/judis 2/2