Munishwaran v. Gowri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023 CORAM: THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C.(MD) SR. No.7597 of 2023 and Crl.R.C.(MD) SR. No.7597 of 2023 Munishwaran ... Petitioner/Petitioner

vs.

1.Gowri

2.Minor Varshith minor represented by her mother and Guardian Gowri ... Respondents/Respondents PRAYER in

: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 12 days in filing the criminal revision petition against the order dated

28.10.2022 made in M.C.No.12 of 2021 on the file of the Family Court, Sivagangai. PRAYER in

Crl.R.C.(MD) SR. No.7597 of 2023

: Criminal Revision filed under Sections 397 & 401 of Criminal Procedure Code, to call for records and set aside the order dated 28.10.2022 made in M.C.No.12 of 2021 on the file of the Family Court, Sivagangai. For Petitioner/Petitioner : Mr.D.Venkatachalam in both cases For Respondents in both : No appearance cases

COMMON ORDER This Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 12 days in filing the Criminal Revision challenging the order passed in M.C.No.12 of 2021 dated 28.10.2022 on the file of the Family Court, Sivagangai.

¶2When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has not complied with the order of this Court. He would further submit that on 06.03.2023, the petitioner was arrested for non-compliance of the orders of the Family Court, Sivagangai.

¶3It is evident from the records that though this Court directed the petitioner to deposit 50% of the balance amount, at the request of the learned counsel appearing for the petitioner time was extended till

05.04.2023 and then to 18.04.2023 for reporting compliance, but the petitioner has failed to comply with the direction of this Court. Hence, this Court is not inclined to condone the delay.

¶4In the result, this criminal miscellaneous petition is dismissed. Consequently, Crl.R.C.(MD)SR.No.7597 of 2023 is rejected at SR stage itself.

18.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm Crl.M.P.(MD)No.3259oofo2023 K.MURALIoSHANKAR,oJ. o csm Crl.M.P.(MD)No.3259oofo2023 inoCrl.R.C.(MD)oSR.oNo.7597oofo2023 and Crl.R.C.(MD)oSR.oNo.7597oofo2023

18.04.2023