Madras High CourtCRL MP(MD)/10446/2025ordered

K. Rajasekar v. D. Athisiyaraja

2025-10-28Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and Crl.RC(MD)SR.No.27797 of 2025 K.Rajasekar, S/o.Kalimuthu, Gopal Teacher Compound, Punalveli, Rajapalayam Taluk, ... Revision Petitioner vs.

1.D.Athisiyaraja, S/o.Dharmaraj, Karuppasami Temple Street, Meenakshipuram, Rajapalayam Taluk, 2.T.Baskar, S/o.Thangaraj, HeadMaster, Perunthalaivar Kamarajar Higher Secondary School, Meenakshiyapuram, Krishnan Temple Street, Nallamangalam, Rajapalayam Taluk, 1/6

3.The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, ... Respondents PRAYER: Criminal Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 178 days in filing the Criminal Revision against the order in Cr.M.P.No.7683 of 2024, dated 28.10.2024 passed by the learned Judicial Magistrate, Rajapalayam pending disposal of the Criminal Revision.

For Revision Petitioner : Mr.T.Thirumurugan For Respondents : Mr.C.Susikumar R-1 & R-2 Mr.M.Karunanithi Government Advocate (Criminal Side)

O R D E R

Heard Mr.T.Thirumurugan, learned Counsel for the Petitioner and Mr.C.Susikumar, learned Counsel for the Respondents 1 & 2 and Mr.M.Karunanithi, learned Government Advocate (Criminal Side) for the 3rd Respondent.

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2. This application has been filed by the Revision Petitioner to condone the delay of 178 days in filing the instant Criminal Revision Petition as against the order passed by the learned Judicial Magistrate, Rajapalayam in Cr.M.P.No.7683 of 2024, dated 28.10.2024, thereby the application filed by the Revision Petitioner under Section 175(3) of BNSS was dismissed by the Trial Court.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is hereby condoned on condition that the Revision Petitioner shall pay a sum of Rs.1,000/- [Rupees One Thousand only] to "Anbagam," an institution for mentally handicapped children, Race Course Road, Madurai - 625 002, having Account No. 1012101008800 in the name of "ANBAGAM," Canara Bank, Thallakulam Branch, IFSC Code: CNRB0001012, within two weeks days from today.

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4. On production of receipt of such payment, Registry is directed to number the Criminal Revision Petition, if it is otherwise in order. It is made clear that if the Revision Petitioner fails to make such payment within the stipulated time, this application shall stand automatically dismissed.

5. List the Criminal Revision Petition "For Admission" on 07.01.2026 before the appropriate bench. In the meantime, the learned Counsel for the Respondents is directed to file counter affidavit within three weeks and thereafter one week time is allowed to the learned Counsel for the Revision Petitioner to file a rejoinder affidavit to the counter affidavit filed by the Respondent in the Criminal Revision Petition.

28.10.2025 Nsr 4/6

To:

1.The Judicial Magistrate, Rajapalayam.

2.The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SHAMIM AHMED, J.

Nsr 28.10.2025 6/6