Rajiv Gandhi v. State Rep By

Crl.M.P.No.1654 of 2022 in Crl.A.No.SR46216 of 2021 Crl.M.P.No.1654 of 2022 in Crl.A.No.SR46216 of 2021 P.N.PRAKASH, J.

AND A.A.NAKKIRAN, J.

(Made by P.N.PRAKASH,J.) This criminal miscellaneous petition has been filed to condone the delay of 1485 days in filing the above appeal challenging the judgment and order dated 21.12.2015 passed in S.C.No.19 of 2015 on the file of the I Additional District and Sessions Court, Cuddalore.

2.

On 15.02.2022, this Court passed the following order: "The Registry is directed to verify as to whether the appellant herein has filed any appeal through another counsel challenging his conviction and sentence by judgment and order dated 21.12.2015 passed in S.C.No.19 of 2015 on the file of the I Additional District and Sessions Court, Cuddalore and place a report before this Court on 08.03.2022.

2. The Registry is also directed to call for a report from the trial Court as to whether the original records and material objects are available in S.C.No.19 of 2015.

Post the matter on 08.03.2022."

3.

Pursuant to the above order, the Registry has placed a note dated 07.03.2022, wherein, it is stated as follows: "On verification, it is respectfully submitted that the petitioner in the above said case has not preferred any appeal through any other counsel challenging the conviction and sentence by judgment and order dated 21.12.2015 passed in S.C.No.19 of 2015 on the file of the I Additional District and Sessions Court, Cuddalore.

It is further respectfully submitted that the I Additional District and Sessions Court, Cuddalore, has mailed this Registry to its availability of original records and material objects in S.C.No.19/2015. The said letter is enclosed herewith for Your Lordship's kind perusal at Flag 'A'." https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No.1654 of 2022 in Crl.A.No.SR46216 of 2021 P.N.PRAKASH, J.

AND A.A.NAKKIRAN, J.

nsd 4.

Thus, from the above, it appears that the petitioner herein has not filed any appeal through another counsel and that the original records are available in the trial Court.

Accepting the reasons stated in the affidavit filed in support of this petition, the delay of 1485 days in filing the above appeal is condoned. The Registry is directed to number the appeal, if the same is otherwise in order. (P.N.P.,J.) (A.A.N.,J.) 09.03.2022 nsd Crl.M.P.No.1654 of 2022 in Crl.A.No.SR46216 of 2021 https://www.mhc.tn.gov.in/judis 2/2