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Madras High CourtCRL MP(MD)/9771/2019allowed

V. Mahalakshmi v. K. Sivaraj

2020-09-29Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of November Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.9771 of 2019 IN CRL RC(MD) No.836 of 2019 V.MAHALAKSHMI ... PETITIONER/PETITIONER Vs K.SIVARAJ ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD) No.9771 of 2019:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed by the Judgment and order dated 26.08.2019 on the file of the Learned Additional District and Sessions Court, Theni made in Crl.A.No.56/2018 confirming the Judgment and order dated 06.08.2018 made in S.T.C.No.116 of 2015 on the file of the Judicial Magistrate (Fast Track)Court at Judicial Magistrate Level, Theni, pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD)No.836/ 2019 :

To call for the records and set aside the Judgment and order dated 26.08.2019 on the file of the learned Additional District and Sessions Court, Theni made in Crl.A.No.56/2018 confirming the Judgment and order dated 06.08.2018 made in S.T.C.No.116 of 2015 on the file of the Judicial Magistrate (Fast Track)Court at Judicial Magistrate Level, Theni and thereby acquit the Revision Petitioner herein.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.G.VANJINATHAN, Advocate for the petitioner and of MR.G.KARUPPASAMY PANDIAN, Advocate for the Respondent, the Court made the following order:- When the matter was taken up for hearing, the learned counsel appearing for the petitioner represented that the petitioner could not deposit the amount in time as he was affected by covid and undergoing quarantine. Since the petitioner is undergoing quarantine, he could not appear before the advocate to sign the petition and prays ten days time to deposit the amount as directed by this Court vide order dated 29.09.2020.

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2.On the side of the respondent, it is stated that the petitioner has not approached this Court within the time limit for extension of time. There is no proof for the petitioner to prove that he is affected by covid.

3.Even though the petitioner has not filed any medical certificate, an opportunity to the petitioner is to be given to comply the condition imposed by this Court. Hence, the petitioner is directed to comply with the condition imposed by this Court by an order dated 29.09.2020 within a period of two weeks from the date of receipt of copy of this order.

sd/- 30/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THENI.

2. THE JUDICIALMAGISTRATE (FAST TRACK) COURT AT JUDICIAL MAGISTRATE LEVEL, THENI.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

4. THE JUDICIAL MAGISTRATE, THENI.

ORDER

IN CRL MP(MD) No.9771 of 2019 IN CRL RC(MD) No.836 of 2019 Date :30/11/2020 MRN TE/JC/SAR-IV : 03/12/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/