Madras High CourtCRL MP(MD)/15288/2022allowed with costs

Haji Abushali v. Muniyappan (Retired D.S.P)

2023-03-13Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.15288 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.15288 of 2022 in CRL RC(MD)SR.NO.40969 of 2022 HAJI ABUSHALI ... PETITIONER/PETITIONER/COMPLAINANT Vs MUNIYAPPAN (RETIRED D.S.P) ... RESPONDENT/RESPONDENT/ACCUSED 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 176 days in CC No.232/2019 order dated 03.12.2021 on the file of Judicial Magistrate Court No.1, Ramanathapuram in filing the above Criminal Revision. Prayer in Crl OP(MD)SR.No.40969 OF 2022:

To call for the records relating to the order dated 03.03.2020 in Cr.M.P.No. 232 of 2019 on the file of Judicial Magistrate Court No.I, Ramanathpuram and set aside the same as illegal and allow this Criminal revision as prayed for.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.J.SULTHAN BASHA, Advocate for M/s. AJMAL ASSOCIATES, for the petitioner and of MR.K.PRABAKARAN, Advocate on behalf of the Respondents, the court made the following order:- The above Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 176 days in filing the Criminal Revision challenging the judgment passed in C.C.No.232 of 2019 dated 03.12.2021 on the file of the Judicial Magistrate No.1, Ramanathapuram.

2. Heard the learned counsel on either sides.

3. Considering the reasons assigned and also the quantum of delay, this Court is inclined to condone the delay, but on terms. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.15288 of 2022

4. In the result, this Criminal Miscellaneous Petition is allowed on condition that the petitioner shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Account No.7087208431, IFSC IDIBI000H040], on or before 27.03.2023, failing which, the petition shall stand dismissed automatically.

5. Post the matter on 28.03.2023.

sd/- 13/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

DO THROUGH;

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

Copy to THE OFFICER INCHARGE, ADVOCATES WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-4248[I] dated 15/03/2023

ORDER

IN CRL MP(MD) No.15288 of 2022 in CRL RC(MD)SR.NO.40969 of 2022 Date :13/03/2023 PKP/SBN/SAR-1/16.03.2023/ 2P/5C https://www.mhc.tn.gov.in/judis 2/2