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Madras High CourtCRL MP(MD)/11230/2022dismissed for nonprosecution

Sirajdeen v. Ameera Banu

2023-03-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.M.P.(MD)No.11230 of 2022 in Crl.R.C.(MD)SR.No.32553 of 2022 and Crl.R.C.(MD)SR.No.32553 of 2022 Sirajdeen

...Petitioner/Petitioner/

Respondent Vs.

1.Ameera Banu 2.Minor Kaseem Umar represented by natural guardian Ameera Banu, mother/first respondent herein ... Respondents/Respondents/ Petitioners Prayer in Crl.M.P.(MD)No.11230 of 2022 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 109 days in filing the criminal revision in M.C.No.6 of 2019 order dated 11.02.2020 on the file of Family Court, Sivagangai.

Prayer in Crl.R.C.(MD)SR.No.32553 of 2022 : to call for the records relating to the order dated 11.02.2020 in M.C.No.6 of 2019 on the file of Family Court, Sivagangai and set aside the same as illegal and allow this criminal revision as prayed for.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.Ragaventhree

ORDER

When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has not complied with the order of this Court, but seeks further time.

2. It is seen from the records that this Court, vide order dated 21.09.2022, directed the petitioner to deposit 50% of arrears amount before the concerned Court and that subsequently, at the request of the learned counsel appearing for the petitioner, the matter was adjourned to 20.02.2023 and then to 06.03.2023 and thereafter on 13.03.2023, but the petitioner has not complied with the said order.

3. When the matter was taken up for hearing on 06.02.2023, the learned predecessor Judge has specifically posted the matter either for reporting compliance or for dismissal. Even thereafter, the petitioner has not chosen to comply with the order. Hence, this Civil Miscellaneous Petition is dismissed for

non-compliance. Consequently, Crl.R.C.(MD)SR.No.32553 of 2022 stands rejected at the SR stage itself.

13.03.2023 NCC :yes/No Index :yes/No Internet:yes/No csm

K.MURALI SHANKAR ,J.

csm Crl.M.P.(MD)No.11230 of 2022 in Crl.R.C.(MD)SR.No.32553 of 2022 and Crl.R.C.(MD)SR.No.32553 of 2022 13.03.2023