← Library
Madras High CourtCRL MP(MD)/13299/2023allowed on condition

T.Sugumar v. K.Rajeshwari

2023-10-18Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) SR.No.33285 of 2023 T.SUGUMAR ... Petitioner / Respondent Vs K.RAJESHWARI ... Respondent / Petitioner 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 283 days in filing the main Criminal Revision Petition against the order dated 17.08.2022 in M.C.No.7 of 2019, 17.08.2022 on the file of Learned Judicial Magistrate Court, Uthamapalayam.

Prayer in CRL RC(MD) SR No.33285 of 2023:

To call for the records pertaining to order on the file of the Learned Judicial Magistrate, Uthamapalayam in MC No.7 of 2019 dated 17.08.2022. 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.RAMANATHAN., Advocate for the petitioner and of Mr.V.KISHORE KUMAR, Advocate on behalf of the Respondent, the court made the following order:- This Petition is filed to condone the delay of 283 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 the formal objections.

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 283 days in preferring the Criminal Revision Case is condoned on payment of costs of Rs.10,000/-(Rupees Ten 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 the amount paid within a 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.

sd/- 18/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 2/3

To 1.The Judicial Magistrate, Uthamapalayam.

2.Do through the Chief Judicial Magistrate, Theni District.

Copy to:

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

+1 CC to M/s.V.KISHORE KUMAR, Advocate ( SR-15347[I] dated 18/10/2023 ) +1 CC to M/s.S.RAMANATHAN, Advocate ( SR-15376[I] dated 18/10/2023 )

ORDER

IN in CRL RC(MD) SR.No.33285 of 2023 Date :18/10/2023 ED/JGB/SAR- (30/10/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3