Mannakatti @ Rajamanikkam v. The State Rep By Its,

Crl. M.P.No.2670 of 2023 in Crl.A.SR.No.45844 of 2022 Crl. M.P.No.2670 of 2023 in Crl.A.SR.No.45844 of 2022 M.SUNDAR, J., and M.NIRMAL KUMAR, J., (Order of the Court was made by M.SUNDAR,J.,) Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl MP' for the sake of convenience and clarity] has been filed with 'condonation of delay' ['COD'] prayer. To be noted, COD is qua 131 days in representing Criminal Appeal being Crl.A.SR.No.45844 of 2022 as against the sentence handed down by learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpet in New S.C.No.16 of 2019 (Old S.C.No.33 of 2016) on 21.07.2022.

2. Mr.R.Muniyapparaj, learned Additional Public Prosecutor accepts notice for the respondent and submits that no other appeal has been preferred by the petitioner.

3. Mr.P.Anbazhagan, learned counsel on record for petitioner is before us.

Page Nos.1/2 https://www.mhc.tn.gov.in/judis

Crl. M.P.No.2670 of 2023 in Crl.A.SR.No.45844 of 2022 M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk

4. It may not be necessary to dilate further, as Mr.P.Anbazhagan, learned counsel for petitioner adverting to support affidavit submits that case papers were misplaced in his office.

5. Considering the facts and circumstances of the case and nature of the matter, we have no difficulty in accepting the reason qua COD prayer.

6. Captioned Crl MP ordered as prayed for. Delay condoned. There shall be no order as to costs.

[M.S.J.,] [M.N.K.J.,] 24.02.2023 mk Crl. M.P.No.2670 of 2023 in Crl.A.SR.No.45844 of 2022 Page Nos.2/2 https://www.mhc.tn.gov.in/judis