Madras High CourtCRL RC(MD)/450/2018dismissed

M. Francis v. Thusnevis Mary

2018-08-10Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C(MD)No.450 of 2018 1.M.Francis 2.Sahayababy Vanitha : Petitioners /Petitioners/Appellants/ Respondents No.1 to 3 Vs.

Thusnevis Mary : Respondent/Respondent/Respondent/ Petitioner PRAYER: Revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records relating to the order passed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil dated 10.07.2018 in Crl.M.P.No.2024 of 2017 in Crl.A.Un numbered of 2017 and set aside the same and conseuqently allow the said application. For Petitioners : Mr.N.Dilip Kumar

ORDER

This Criminal Revision Case is filed praying to set aside the order dated 10.07.2018 passed in Crl.M.P.No.2024 of 2017 in Crl.A.Un numbered of 2017, on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil. 2.The petitioners herein aggrieved by the ex parte order dated 06.10.2016 passed in D.V.O.P.No.15 of 2016, has preferred a miscellaneous petition in Crl.M.P.No.4508 of 2016 before the Trial Court to set aside that order. However, the Trial Court, after considering the same, has dismissed the same and advised the petitioners to approach the appellate Court to file an appeal. Since, there is a delay of 182 days in filing the appeal, the petitioners filed Crl.M.P.No.2024 of 2017 before the appellate Court and the same was dismissed.

Aggrieved over the same, the petitioners are before this Court with this revision. 3.The petitioners filed a petition to condone the delay of 182 days in filing the appeal. The matter is arising out of Domestic Violance Act. Though, the ex parte order was passed as early on 06.10.2016, the petitioners herein have leisurely approached the Court. Hence, this Criminal Revision Case is https://hcservices.ecourts.gov.

dismissed, confirming the order dated 10.07.2018 passed in Crl.M.P.No.2024 of 2017 in Crl.A.Unnumbered of 2017 on the file of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Principal Sessions Judge, Nagercoil, Kanyakumari District.

2. The Principal District Munsif cum Judicial Magistrate, Eraniel.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.N.Dilip Kumar,Advocate Sr.No.78025 CP VB/RSK/SAR1/20.09.2018/2P/5C ORDER MADE IN Crl.R.C(MD)No.450 of 2018 10.08.2018 https://hcservices.ecourts.gov.in/hcservices/