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Madras High CourtCRL RC(MD)/282/2016allowed

Baranichandran v. Susila

2016-06-09Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.RC(MD) No.282 of 2016 1.Baranichandran 2.Chanthirahasan 3.Chandira ..Petitioners/Petitioners -vsSusila ..Respondent/Respondent PRAYER: Criminal Revision Petition is filed, under Section 397 r/w 401 Cr.P.C., to call for the records in Crl.M.P.No.3881 of 2015 in UFCA/2015, on the file of the learned Sessions Judge, Thanjavur, dated 29.03.2016, and set aside the same.

For Petitioners :

Mr.R.Venkatesan For Respondent :

Mr.R.Venkateswaran

O R D E R

The husband and his parents in a D.V.Act case are before us, since their delay condonation petition in preferring appeal as against the order of the learned Magistrate has been dismissed.

2. The respondent is fighting with her husband, so also her in-laws. It is a family dispute. In this connection, she sought for certain reliefs under the Domestic Violence Act, before the learned Judicial Magistrate, Thiruvaiyaru. The learned Magistrate seems to have granted certain reliefs in favour of the wife and minor son. This was not liked by the husband, so also her inlaws. So, they wanted to prefer appeal as against the said order. In this connection, they are late comers by 6 days. The learned Principal Sessions Judge, Thanjavur, considered it liberally. However, taxed them to pay a cost of Rs.500/- to the respondent. Somehow or other, they have missed it. That resulted in missing of their delay condonation petition. The missed persons are before us.

3. The learned counsel for the petitioners submitted that the petitioners don't want to miss any more and they are ready to pay the cost of Rs.500/- even directly to the learned counsel for the respondent.

4. The learned counsel for the respondent also did not stand in the way of the Court issuing directions to that effect.

5. In the circumstances, ordered as under:

i.

This criminal revision is allowed.

ii. The Order, dated 29.03.2016, passed in Crl.M.P.No.3881 of 2015 in UFCA/2015, by the https://hcservices.ecourts.gov.in/hcservices/

learned Principal Sessions Judge, Thanjavur, is set aside.

iii.

The delay is condoned.

iv. The revision petitioners will pay the cost of Rs.500/- directly to the learned counsel for the respondent.

v.

The learned Principal Sessions Judge, Thanjavur, will take further action on the appeal memorandum filed by the husband and his parents.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To:

1.The Principal Sessions Judge, Thanjavur.

2.The Judicial Magistrate, Thiruvaiyaru.

+1cc to M/s.R.Venkateswaran, Advocate in SR.29337 +1cc to M/s.R.Venkatesan, Advocate in SR.29593 CRL.RC(MD) No.282 of 2016 09.06.2016 krk PBK/GSV-PM/SAR-II 16/06/2016 ::2P-5C::

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