Subburayan v. The State Rep By

Crl.M.P.No.3300 of 2022 in Crl.A.No.SR10244 of 2022 Crl.M.P.No.3300 of 2022 in Crl.A.No.SR10244 of 2022 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 1597 days in filing the above appeal challenging the judgment and order dated 01.08.2015 passed in S.C.No.34 of 2015 on the file of the Additional District and Sessions Court-cum-Chief Judicial Magistrate, Ariyalur. 2.

Heard Mr.T.Muruganantham, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State.

3.

On 16.03.2022, this Court passed the following order: "Mr.R.Muniyapparaj, learned Additional Public Prosecutor, takes notice for the respondent.

2. Registry is directed to call for report from the trial Court as to whether the original records and material objects are available in S.C.No.34 of 2015.

Registry is also directed to put up a note as to whether the appellant has filed any appeal through any other counsel challenging his conviction.

Call on 06.04.2022."

4.

Pursuant to the above order, the Registry has put up a note dated 04.04.2022, which reads as under:

"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 in S.C.No.34 of 2015 dated 01.08.2015 passed by the Additional District Judge and Chief Judicial Magistrate, Ariyalur. It is further respectfully submitted that the Additional District Court, Ariyalur has sent a mail to this Registry the availability of Original records and material objects in S.C.No.34/2015. The said letter is enclosed at Flag 'A' for Your Lordship's kind perusal."

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

Crl.M.P.No.3300 of 2022 in Crl.A.No.SR10244 of 2022 P.N.PRAKASH, J.

AND A.A.NAKKIRAN, J.

nsd 5.

A reading of the above shows that the petitioner has not filed any other appeal through another counsel and that the original records and material objects are available in the Additional District and Sessions Court, Ariyalur. In view of the above and accepting the reasons stated in the affidavit filed in support of this petition, the delay of 1597 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.) 07.04.2022 nsd Crl.M.P.No.3300 of 2022 in Crl.A.No.SR10244 of 2022 https://www.mhc.tn.gov.in/judis 2/2