Madras High CourtCRL RC(MD)/259/2017dismissed

B. Sharzoo Khan v. S.Haseena Banu

2021-07-08Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

CRL.R.C.(MD).No.259 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.R.C.(MD).No.259 of 2017 and Crl.M.P(MD).No.2327 of 2017 B.Sharzoo Khan S/o.Basheer Khan ... Petitioner Vs.

1.S.Haseena Banu, W/o.Sharzoo Khan 2.Minor Beebijan @ Shanaz Sameera, D/o.Sharzoo Khan (Rep. By her Mother the 1st respondent herein).

... Respondents PRAYER: Criminal Revision Petition filed under Sections 379 r/w 401 of Cr.P.C, to call for the records relating to the order datd 07.11.2016 made in Crl.R.C.No.25 of 2014 on the file of V Additional District & Sessions Judge, Madurai in M.C.No.11 of 2010 dated 18.02.2014 on the file of Additional Chief Judicial Magistrate, Madurai and set aside the same as illegal and allow this Criminal Revision as prayed for.

For Petitioner : Mr.H.Mohamed Imran for M/s.Asmal Associates For Respondent : No Appearance

ORDER

When case came up for hearing on earlier occasion on 28.04.2021, the learned counsel for the revision petitioner sought time to advance arguments after summer vacation. Therefore, the case was adjourned to 22.06.2021.

2.On 22.06.2021, when the case came up for hearing , the learned counsel for the revision petitioner sought short adjournment to advance arguments. Therefore, the case was once again adjourned to 08.07.2021.

3.Today, 08.07.2021, when the case came up for hearing, the learned counsel for the revision petitioner seeks time to report settlement. It is seen from the records that the Hon'ble Mr.Justice A.M.BASHEER AHAMED had referred the matter for mediation on 02.06.2017. Till date, they had not settled the matter.

4.The Hon'ble Supreme Court directed all the High Courts to conduct mediation, in Mediation and Conciliation Centre and Lok https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.R.C.(MD).No.259 of 2017 Adalath, once in a month and Mega Lok Adalath once in a year. If the bona fide of the petitioner had been true, this case ought to have been settled by now. Therefore, the submission of the learned counsel for the revision petitioner that there is likelihood of settlement cannot at all be accepted. Considering the long pendency of the case, it is just a ploy to protract the proceedings. Accordingly, the revision petition is dismissed. No Costs. Consequently, the connected miscellaneous petition is closed. The learned Additional Chief Judicial Magistrate, Madurai is directed to follow up order passed in M.C.NO.11 of 2010, as per the order of the learned V Additional District & Sessions Judge, Madurai dated 18.02.2014, after issuing notice to the petitioner in M.C.No.11 of 2020.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The V Additional District & Sessions Judge, Madurai.

2.The Additional Chief Judicial Magistrate, Madurai.

Copy to The Section Officer Criminal Section, Madurai Bench of Madras High Court Madurai. (2 Copies) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-21896[F] dated 09/07/2021 ) CRL.R.C.(MD).No.259 of 2017 and Crl.M.P(MD).No.2327 of 2017 08.07.2021 CN(26.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2