Rajaiah Samuel v. D.Christi Ruth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) SR No.28685 of 2024 RAJAIAH SAMUEL ... Petitioner / Petitioner Vs D.CHRISTI RUTH ... 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 173 days in filing the present Criminal Revision against the order dated 4/12/2023 in MC No.9/2023 on the file of the Learned Chief Judicial Magistrate Court, Tirunelveli.

Prayer in CRL RC(MD) SR No.28685 of 2024:

To call for the records and duly set aside the order dated 04.12.2023 passed in M.C.No.09/2023 by the learned Chief Judicial Magistrate Court, Tirunelveli and allow this criminal revision petition.

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.K.JEYAMOHAN, Advocate for the petitioner and of Mr.P.VADIVEL, Advocate on behalf of the Respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to condone the delay of 1/3

173 days in filing the Criminal Revision Case in Crl.R.C.(MD)SR No.28685 of 2024.

2. Heard the learned counsel on either side, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the respondent would submit that the petition may be allowed by imposing cost.

4. Being satisfied with the reasons stated in the affidavit, and also considering the submission made by the learned counsel for the respondent, this Court is inclined to allow this petition on payment of cost. Accordingly, this petition is allowed on payment of cost of Rs.1000/- (Rupees One Thousand only) to the respondent on or before 18.11.2024, failing which, the petition shall stand automatically dismissed without any further reference to this Court.

5. On such compliance, Registry is directed to number the case in Crl.R.C.(MD) No.28685 of 2024, if it is otherwise in order and list the same in the usual course. sd/- 08/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN 2/3

To The Chief Judicial Magistrate, Tirunelveli.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL RC(MD) SR No.28685 of 2024 Date :08/11/2024 ED/ SKN /SAR- (15/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3