Madras High CourtCRL MP(MD)/16233/2022dismissed

Chelladurai v. Palaniammal

2023-04-26Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 26.04.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C(MD)No.SR 45673 of 2022 and Crl.M.P(MD)Nos.4154 and 4155 of 2033 Chelladurai ... Petitioner Vs.

Palaniammal ... Respondent PRAYER in Crl.M.P(MD)No.16233 of 2022: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 1957 days in filing the above Criminal Revision against the order dated 29.05.2011 made in M.C.No.13 of 2011 on the file of the District Munsif cum Judicial Magistrate, Aundipatti.

PRAYER in Crl.R.C(MD)No.SR 45673 of 2022 : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C, to call for the records and set aside the order, dated 29.05.2011 made in M.C.No.13 of 2011 on the file of the District Munsif cum Judicial Magistrate, Aundipatti. 1/4

For Petitioner : No Appearance For Respondent : Mr.M.Jothi Basu

ORDER

This Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 1957 days in filing the above Criminal Revision challenging the order passed in M.C.No.13 of 2011, dated 29.05.2011 on the file of the District Munsif cum Judicial Magistrate, Aundipatti in the present criminal Revision Case.

2. When the matter was taken up on 22.12.2023, the petitioner was directed to deposit 50 % of the arrear amount before the concerned Court and subsequently, at request of the petitioner's counsel, time was extended for reporting compliance, vide orders dated 31.01.2023; 13.03.2023 and 11.04.2023.

3. When the matter was taken up on 11.04.2023, at request of the petitioner's counsel, the case was adjourned to 26.04.2023 for reporting compliance finally.

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4. Today, when the matter is taken up for hearing, there is no representation for the petitioner.

5. The learned counsel for the respondent would submit that the petitioner has not complied with the orders of this Court.

6. In view of the above, the Criminal Miscellaneous Petition is dismissed. Accordingly, the Criminal Revision is rejected at the SR stage itself. In view of the above, the petitions filed for seeking modification and extension, in Crl.M.P.(MD)Nos.4154 and 4155 of 2023, are closed. 26.04.2023 NCC : Yes /No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The District Munsif cum Judicial Magistrate, Aundipatti.

Order made in in Crl.R.C(MD)No.SR 45673 of 2022 Dated: 26.04.2023 4/4