Madras High CourtCRL MP(MD)/12975/2024dismissed as infructuous

V.C.Chellappa v. Uma

2025-02-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C.(MD)SR.No.39114 of 2024 and Crl.R.C.(MD)SR.No.39114 of 2024 V.C.Chellappa ... Petitioner Vs.

1.Uma 2.Minor Akshaya (second respondent is represented by her mother 1st respondent Uma)

...Respondents

Prayer in Crl.M.P.(MD)No.12975 of 2024 : The Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 1520 days in impugned order passed by the learned District Munsif cum Judicial Magistrate, Chernmahadevi, Tirunelveli District made in M.C.No. 16 of 2014 dated 05.07.2018, filing the above case. Prayer in Crl.R.C.(MD)No.SR39114 of 2024 : The Criminal Revision filed under Sections 397 r/w 401 Cr.P.C., to call for the records of the 1/4

learned District Munsif cum Judicial Magistrate, Cheranmahadevi, Tenkasi District in M.C.No.16 of 2014 and set aside the order dated 05.07.2018.

(in both cases) For Petitioner : Mr.G.M.Xavier For R1 : Mr.R.Pon Karthikeyan COMMON ORDER The Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 1520 days in challenging the order made in M.C.No.16 of 2014 dated 05.07.2018 on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi.

2. When the matter is taken up for hearing today, the learned counsel appearing for the first respondent would submit that the petitioner has filed similar petition to condone the delay of 1835 days in filing the revision challenging the very same MC order in Cr.M.P.No.14941 of 2023 before the Principal Sessions Court, Tirunelveli and after enquiry, the said petition came to be dismissed on 03.01.2025.

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3. Recording the same, this Criminal Miscellaneous Petition is dismissed as infructuous. The petitioner is at liberty to challenge the order passed in Cr.M.P.No.14941 of 2023, if so advised. Consequently, Crl.R.C. (MD)SR.No.39114 of 2024 stands rejected at the SR stage itself. 25.02.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The District Munsif cum Judicial Magistrate, Cheranmahadevi.

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K.MURALI SHANKAR ,J.

csm Order made in in Crl.R.C.(MD)SR.No.39114 of 2024 and Crl.R.C.(MD)SR.No.39114 of 2024 Dated : 25.02.2025 4/4