Madras High CourtCRL MP(MD)/7660/2020allowed with direction

Manikandan v. Santhiya

2021-03-16Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.7660 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.7660 of 2020 IN CRL RC(MD)No.SR28512 of 2020 MANIKANDAN ... PETITIONER/RESPONDENT Vs 1.SANTHIYA 2.MINOR M.SWETHA 2ND RESPONDENT REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SANTHIYA ...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 846 days in filing the Criminal Revision case against the order dated 29.05.2018 passed by the Judicial Magistrate, palani in M.C.NO.45/2016. PRAYER IN CRL RC(MD)No.SR28512 of 2020:

Pleased to set aside the order dated 29.05.2018 passed by the Judicial Magistrate, Palani in M.C.No.45 of 2016. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.LENIN KUMAR, Advocate for the petitioner and of Mr.M.SARAVANAN, Advocate on behalf of the Respondents, the court made the following order:- This petition has been filed to condone the delay of 846 days in filing the Criminal Revision Case against the order dated 29.05.20185 passed by the Judicial Magistrate, Palani, in M.C.No.45 of 2016.

2.Both sides present.

3.On the side of the petitioner, it is stated that the petitioner is ready to deposit 50% of the arrears amount and he undertakes to pay 50% of the maintenance amount without fail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7660 of 2020 4.In view of the above submission made by learned counsel for the petitioner, this Court is inclined to allow the petition on following condition:

5.The petitioner is directed to deposit 50% of the arrears amount within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to pay 50% of the monthly maintenance amount on or before 5th of every month. Failing which, this petition shall stand dismissed automatically. 6.With the above directions, this petition is allowed. sd/- 16/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PALANI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

+1 CC to M/s.M.SARAVANAN, Advocate ( SR-2179[I] dated 17/03/2021) +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-2201[I] dated 17/03/2021)

ORDER

IN CRL MP(MD) No.7660 of 2020 IN CRL RC(MD)No.SR28512 of 2020 Date :16/03/2021 LS TK/PN/SAR.3/19.03.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2