Madras High CourtCRL MP(MD)/11184/2023allowed on condition

Vijayakumar v. V.Sumathi

2023-11-03Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) SR.No.29310 of 2023 VIJAYAKUMAR ... PETITIONER/REVISION PETITIONER Vs V.SUMATHI ... RESPONDENT/RESPONDENT Criminal Miscellaneous 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 1242 days caused in preferring this Criminal Revision Petition against the order dated 22.12.2017 passed in MC.No.18 of 2015 on the file of the Judicial Magistrate No.I, Kovilpatti.

Prayer in CRL RC(MD)SR.29310/2023 :

To call for the records pertaining to the impugned order dated 22.12.2017 passed in M.C.No.18 of 2023 by the Learned Judicial Magistrate No.I, Kovilpatti and set aside the same as illegal.

Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.INDRACHITHU.T, Advocate for the petitioner and of MR.B.SENTHIL KUMAR, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This Petition is filed to condone the delay of 1242 days in filing the Criminal Revision Case before this Court.

2. The learned counsel for the petitioner as well as the learned counsel for the 1/3

respondent are present before this Court.

3. The learned counsel for the respondent has raised strong objection stating that delay is inordinate.

4. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondent and also perused the materials placed before this Court.

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 1242 days in preferring the Criminal Revision Case is condoned on payment of costs of Rs.5,000/-(Rupees Five Thousand only), by the petitioner to the respondent within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without further reference to this Court. Accordingly, this Criminal Miscellaneous Petition is allowed.

6. If such payment of costs being made within time stipulated by this Court, Registry is directed to number the Criminal Revision Case, if it is otherwise in order and list the same for admission in the usual course. sd/- 03/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN in CRL RC(MD) SR.No.29310 of 2023 Date :03/11/2023 RS/JGB/SAR-(15.11.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3