Madesh, 23 Years v. The State Of Tamil Nadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.184 of 2017 & Crl.M.P.No.2038 of 2017 Madesh ... Petitioner Vs.

State by The Inspector of Police Palacode, Police Station Dharmapuri District ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. to set aside the judgment in Crl.M.P.No.1527 of 2016 in Crl.A.Sr.No.5102 of 2016 in C.C.No.82 of 2013 dated 04.10.2016 on the file of learned Principal Sessions Judge, Dharmapuri. For Petitioner : Mr.A.Ilaya Perumal For Respondent : Mr.M.Mohammed Riyaz, G.A(Crl.side) *****

O R D E R

This revision challenges the order of learned Principal Sessions Judge, Dharmapuri, passed in Crl.M.P.No.1527 of 2016 in Crl.A.Sr.No.5102 of 2016 in C.C.No.82 of 2013 dated 04.10.2016.

2. A perusal of the order under challenge reveals that a most technical approach in informing that condonation of delay has been sought under wrong provisions and that petitioner has not produced proof of illness has been taken in denying the substantial right of appeal.

3. For the said reasons, this Criminal Revision petition is allowed and the order passed by the learned Principal Sessions Judge, Dharmapuri, passed in Crl.M.P.No.1527 of 2016 https://hcservices.ecourts.gov.in/hcservices/

in Crl.A.Sr.No.5102 of 2016 in C.C.No.82 of 2013 dated 04.10.2016 shall stand set aside. Court below is directed to number the Crl.A.Sr and proceed further in accordance with law.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

1.The Principal Sessions Judge, Dharmapuri.

2.The Inspector of Police Palacode, Police Station Dharmapuri District 3.The Public Prosecutor High Court, Madras +1cc to Mr.A..IlayaPerumal,Advocate sr.8812 Crl.R.C.No.184 of 2017 ks(co) ss(9/3/2017) https://hcservices.ecourts.gov.in/hcservices/