Muniyandi v. Palaniammal

in Crl.R.C.(MD) SR.No.30694 of 2025 SHAMIM AHMED, J.

This Criminal Miscellaneous Petition is filed with the following prayer:- "to condone the delay of 43 days in filing the Criminal Revision Case bearing Crl.R.C.(MD) SR.No.30694 of 2025." 2.This Court, vide order dated 10.10.2025, had passed the following order:- "This Criminal Miscellaneous Petition is filed condone the delay of 43 days in filing the Criminal Revision Case bearing Crl.R.C.(MD) SR.No.30694 of 2025.

2.The Criminal Revision Case is directed against the judgment dated 21.03.2025 passed in Crl.A.No.36 of 2022 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, confirming the judgment dated 25.03.2022 passed in STC.No.574 of 2021 on the file of the Judicial Magistrate Court No.I, Sivakasi.

3.The Co-ordinate Bench of this Court, vide order dated 21.08.2025, in the present Criminal Miscellaneous Petition had passed the following order:- "Notice to the respondent returnable by 26.09.2025. Private notice is also permitted.

2.Post on 26.09.2025."

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4.As per Office report, dated 08.10.2025, it is noted that service report is awaited on behalf of the respondent and proof of service has also not been filed by the learned counsel for the petitioner with regard to service of notice on the respondent. 5.Mr.T.Indrachithu, learned counsel for the petitioner prays one week time to file proof of service with regard to service of notice on the respondent.

6.Accordingly, as prayed for by the learned counsel for the petitioner, this Court grants one week further time to file proof of service with regard to service of notice on the respondent by way of supplementary affidavit. In the meantime, Office is directed to furnish fresh service report for the respondent. 7.Put up this case 'for orders' on 17.10.2025 before the appropriate Bench."

3.Today, when the matter is being taken up, Mr.T.Indrachithu, learned counsel for the petitioner submits that in compliance of the order dated 10.10.2025, private notice has been issued to the respondent and in this regard, he has already filed a proof of service, which is taken on record. 4.As per Office report, dated 16.10.2025, it is noted that service report is awaited for the respondent and proof of service has also been filed for the same by the learned counsel for the petitioner. However, when the matter is being taken up, neither the respondent nor any counsel representing the respondent 2/4

appear before this Court. Thus, it appears that the respondent is not interested to pursue this delay condonation application.

5.Being satisfying with the reasons stated in the affidavit filed in support of this Criminal Miscellaneous Petition, the delay of 43 days in filing the above Criminal Revision Case is condoned.

6.This Criminal Miscellaneous Petition is ordered accordingly. Office is directed to allot regular number to the Criminal Revision Case. 17.10.2025 mm 3/4

SHAMIM AHMED , J.

mm in Crl.R.C.(MD) SR.No.30694 of 2025 17.10.2025 4/4