C.Christopher Jobi v. T.Ushadevi @ Usha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH in Crl.R.C.(MD) SR No.30887 of 2023 and Crl.R.C.(MD) SR No.30887 of 2023 C.Christopher Jobi

...Petitioner

Vs.

1.T.Ushadevi @ Usha 2.C.Thickshaya (Minor) 3.C.Venkatesh (Minor)

...Respondents

Prayer in Crl.M.P(MD).No.11726 of 2023: This petition is filed under Section 5 of the Limitation Act, to condone the delay of 898 days in filing the above Criminal Revision.

Prayer in Crl.R.C.(MD) No.30887 of 2023 : Criminal Revision Case has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the entire records passed in M.C.No.16 of 2018 dated 11.12.2018 on the file of the Family Court, Kanyakumari at Nagercoil. 1/4

For Petitioner : Ms.R.Saranya For Respondents : Mr.Arun Swaminathan

O R D E R

Heard Ms.R.Saranya, learned counsel for the petitioner and Mr.Arun Swaminathan, learned counsel appearing for the respondents. 2.This Criminal Miscellaneous Petition has been filed to condone the delay of 898 days in filing the Criminal Revision against the order in M.C.No.16 of 2018, dated 11.12.2018.

3. On perusal of the affidavit filed in support of this petition, this Court finds that there is no sufficient cause shown by the petitioner for condonation of the inordinate delay of 898 days. That apart, M.C.No.16 of 2018 was filed by the first respondent in the year 2018 and was disposed of by an order as early as on 11.12.2018. However, this Criminal Revision was filed only on 10.08.2023 along with the criminal miscellaneos petition to condone the delay of 898 days.

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4. By considering all these aspects, this Court is not inclined to condone the delay of 898 days and accordingly, this petition stands dismissed. Consequently, connected Crl.R.C(MD).SR.No.30887 of 2023 is also rejected at the SR stage itself.

22.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes / No PKN To 1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

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VIVEK KUMAR SINGH, J.

PKN 22.02.2024 4/4