Dismissed

B. Sharzoo Khan v. S.Haseena Banu

Madras HC8 Jul 2021CRL RC(MD)/259/2017

Case brief

AI extract

What is this about?

In a criminal revision petition filed under Sections 379 and 401 of CrPC, the Madurai Bench of the Madras High Court rejected the petitioner's claim of a likely settlement as a ploy to protract proceedings. The court dismissed the petition and directed the trial court to follow the relevant sentencing order.

What did the court decide?

Revision petition dismissed; no costs; additional magistrate directed to follow the order dated 18.02.2014 after issuing notice to petitioner.

B. Sharzoo Khan Vs S.Haseena Banu — Civil Procedure and Limitation | Madras HC (2021)

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CRL.R.C.(MD).No.259 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2021

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CORAM

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THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.R.C.(MD).No.259 of 2017

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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

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

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... Respondents

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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.

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For Petitioner : Mr.H.Mohamed Imran for

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M/s.Asmal Associates

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For Respondent : No Appearance

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ORDER

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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.

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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.

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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.

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

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1/2

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CRL.R.C.(MD).No.259 of 2017

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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.

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tta

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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.

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To,

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

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2.The Additional Chief Judicial Magistrate, Madurai.

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Copy to

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The Section Officer Criminal Section, Madurai Bench of Madras High Court Madurai. (2 Copies)

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+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-21896[F] dated 09/07/2021 )

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CN(26.07.2021) 2P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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B. Sharzoo Khan v. S.Haseena Banu

Case brief

What is this about?

What did the court decide?

B. Sharzoo Khan v. S.Haseena Banu

Case brief

What is this about?

What did the court decide?

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