There is a delay of 1117 days in preferring the Criminal Revision Petition.
2.The Criminal Revision Case has been filed challenging the common order passed in C.M.P.No.1873 of 2015 and in C.M.P.No.57 of 2016, directing the petitioner to deposit a sum of Rs.55,000/- towards arrears of maintenance.
3.Since the Revision Petition has been filed with the delay of 1117 days, the petitioner has come up with the present application to condone the delay.
4. Heard the learned counsel appearing for the petitioner and perused the materials available on record and also perused the affidavit filed in support of the petition.
5. The reasons stated for the delay is earlier in execution of the maintenance order. The petitioner was detained in prison from 10.08.2014 to 09.07.2015 and thereafter, he met with an accident and he could not file a revision in time.
6. A perusal of the affidavit would show that even though he was detained in jail and came out on 09.07.2015, he filed the revision only on 03.10.2016 and there is no material to establish the accident.
7. Considering the fact that this is the application filed under
Section 128 of Criminal Procedure Code, seeking payment of arrears of maintenance and in the absence of the petitioner challenging the main order granting maintenance, he has no defence in the present application.
8. In the above circumstances, there is no reason to condone the delay of 1117 days in preferring the revision. Accordingly, the condone delay petition is dismissed. Consequently, the Criminal Revision Petition is also dismissed.
To
1.Judicial Magistrate, Kanyakumari District Nagercoil.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.