Madras High CourtCRL MP/3224/2019dismissed

S.Ganesh v. R.Arulkumar

2019-03-06Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM

THE HONOURABLE MR.JUSTICE.P.VELMURUGAN CRL.M.P.No.3224 of 2019 in Crl.R.C.No.SR10609 of 2019 and Crl.R.C.No.SR10609 of 2019 S.Ganesh ... Petitioner Vs.

R.Arulkumar .... Respondent Prayer in Crl.M.P.No.3224 of 2019: Criminal Miscellaneous Petition has been filed under Section 5 of Limitation Act, seeking to condone the delay of 140 days in filing the criminal revision.

Prayer in Crl.R.C.No.SR10609 of 2019: Criminal revision case has been filed under Section 397 r/w 401 (5) of Cr.P.C. to set aside the judgment dated 28.06.2018 made in C.A.No.63 of 2018 on the file of the II Additional District and Sessions Court, Erode, confirming the judgment dated 05.02.2018 made in S.T.C.No.48 of 2017 on the file of Judicial Magistrate No.I, Fast Track Court, Erode.

Petitioner : Mr.C.S.Saravanan ***

ORDER

This criminal miscellaneous petition has been filed seeking to condone the delay of 140 days in filing the Criminal Revision.

2. Heard the learned counsel for the petitioner and perused the materials on record.

3. Being not satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is not inclined to condone the delay of 140 days in filing the Criminal Revision Case.

4. Accordingly, this Criminal Miscellaneous Petition is dismissed. Consequently, the Criminal Revision Case is rejected at the SR stage itself. 06.03.2019 Index: Yes/No kmi To 1.The Judicial Magistrate No.I, Fast Track Court, Erode.

2.The II Additional District and Sessions Judge, Erode,

P.VELMURUGAN, J.

kmi CRL.M.P.No.3224 of 2019 in Crl.R.C.No.SR10609 of 2019 and Crl.R.C.No.SR10609 of 2019 06.03.2019