Madras High Court

CRL OP/31407/2026 of T.Divya Vs Someswaran on 28 October 2026

CRL OP No. 31407 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 31407 of 2026

CNR: {HCMA012600632026}

K.S.Jishnu, (Minor) M/13 Years,

S/o T. Divya,

Represented by his Mother as Guardian

..Petitioner

Vs

Someswaran

..Respondent

Prayer: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to issue direction directing the Learned Judicial Magistrate at Gudiyattam to dispose of the delay petition in CMP No.4368 of 2025 in MC No.16 of 2015 on the file of the Learned Judicial Magistrate at Gudiyattam within the time frame to be stipulated by this Court.

For Petitioner:

Mr. G.Mageshkumar

ORDER

This Criminal Original Petition has been filed seeking a direction to the Judicial Magistrate, Gudiyattam, to dispose of the delay petition in Crl.MP No.4368 of 2025 in MC No.16 of 2015, pending on its file.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

CRL OP No. 31407 of 2026

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3. The petitioner has filed a petition seeking condonation of the delay in filing a petition to set aside the order of dismissal dated 31.01.2019 in M.C.No.16 of 2015. However, the said petition has been pending since 11.07.2025 and posted for filing a counter on 02.06.2026. However, no further proceedings have been taken thereafter. Hence, the petitioner has filed this present petition seeking appropriate relief.

4. Considering the limited prayer sought for in this petition, the learned learned Judicial Magistrate, Gudiyattam, is directed to dispose of the Crl.MP No.4368 of 2025 in MC No.16 of 2015 on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order, if not already disposed of.

5. With the above directions, this Criminal Original Petition stands disposed of. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP/ARL To The Judicial Magistrate, Gudiyattam.

CRL OP No. 31407 of 2026

G.K.ILANTHIRAIYAN, J. LPP CRL OP No. 31407 of 2026 28-10-2026

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