Madras High CourtCRL MP(MD)/8236/2022dismissed

N.Senthil Kumar v. S.Vidhya

2023-06-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 12.06.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.M.P.(MD)No.8236 of 2022 in Crl.R.C(MD)No.SR 24036 of 2022 N.Senthil Kumar ... Petitioner Vs.

1.S.Vidhya 2.Minor S.Sarmila ... Respondents ( Minor respondent represented by the first respondent) PRAYER in Crl.M.P(MD)No.8236 of 2022: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 44 days in filing the above Criminal Revision against the order passed by the learned Judicial Magistrate, Thuraiur in M.C.No.8 of 2016, dated 21.12.2021.

PRAYER in Crl.R.C(MD)No.24036 of 2022 : Criminal Revision Petition filed under Section 397 r/w 401 and 482 of Cr.P.C, to call for the records pertaining to the order passed by the learned Judicial Magistrate, Thuraiur in M.C.No.8 of 2016, dated 21.12.2021 and set aside the same as illegal. 1/4

For Petitioner : Mr.S.Louis For Respondents : Mr.D.Shanmugaraja Sethupathi

ORDER

This Petition has been filed to condone the delay of 44 days in filing the criminal revision against the order passed by the learned Judicial Magistrate, Thraiur in M.C.No.8 of 2016, dated 21.12.2021.

2. It is seen from the records that this Court, when the matter was taken up for hearing on 13.03.2023, considering the submissions made by the learned counsel for the petitioner as well as the respondents, the petitioner was directed to comply with the earlier directions of this Court dated 08.09.2022, to deposit 50% of the amount and posted the matter for reporting compliance on 05.04.2023. Subsequently, at the request of the learned counsel for the petitioner, time was extended till 20.04.2023, then to 08.06.2023 and then to 12.06.2023.

2/4

3. When the matter is taken up for hearing today, 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. 12.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das To The Judicial Magistrate, Thuraiur 3/4

K.MURALI SHANKAR,J.

das Order made in Crl.M.P.(MD)No.8236 of 2022 in Crl.R.C(MD)No.SR 24036 of 2022 Dated: 12.06.2023 4/4