Lakshmi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl.M.P.No.2889 of 2020 in Lakshmi, aged 33 years Gnanaprakasam 2/25, A2, Palla street Mambakkam, Arcot Taluk Vellore-632 318.

.. Petitioner / Appellant Vs.

1.State represented by Inspector of Police Vazhaipandan Police Station Ranipettai, Vellore District Crime No.34 of 2013 1/6

2.Durai Raj @ Sarathy, Male, aged 40 years S/o.Balaraman 2/25, A2, Palla street Mambakkam, Arcot Taluk Vellore-632 318.

.. Respondents PRAYER: This petition is filed under Section 5 of Limitation Act to condone the delay of 28 days in filing the above Criminal Appeal in Crl.A.SR.No.5812 of 2020 against the judgment dated 24.10.2019 in S.C.No.125 of 2014 on the file of the learned II Additional District and Sessions Judge, Ranipet. For Petitioner : Mr.B.Kumarasamy For R1 : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

(Order of the Court was made by N.KIRUBAKARAN,J.) The matter is heard through video-conferencing. 2.This petition has been filed to condone the delay of 28 days in filing the above 2/6

Criminal Appeal in Crl.A.SR.No.5812 of 2020 against the judgment dated 24.10.2019 in S.C.No.125 of 2014 on the file of the learned II Additional District and Sessions Judge, Ranipet.

3.The wife has come before this Court against the acquittal of accused, who is said to have murdered her husband. Since the acquittal order has been passed, the wife has filed the petition to condone the delay of 28 days in filing the appeal. Being a lady, she may not in a position to file the appeal in time. Even though the 2 nd respondent has been served and his name is printed in the cause list, no one entered appearance. Since this Court is convinced with the reasons stated in the affidavit filed in support of this petition to condone the delay of 28 days in filing the above criminal appeal, this petition is ordered.

(N.K.K., J.) (V.M.V., J.) 24.07.2020 3/6

kj Note:Office is directed to number the appeal, if it is otherwise in order.

4/6

N.KIRUBAKARAN, J.

and V.M.VELUMANI, J.

kj Crl.M.P.No.2889 of 2020 in Crl.A.SR.No.5812 of 2020 5/6

24.07.2020 6/6