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Madras High CourtCRL MP/4924/2023ordered

S.Kanagavalli v. Inspector Of Police

2023-04-10Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.M.P.No.4924 of 2023 in Crl.RC.SR.No.12637 of 2023 M.SUNDAR, J., and M.NIRMAL KUMAR, J., [Order of the Court was made by M.SUNDAR, J.,] Captioned 'Criminal Miscellaneous Petition' ['Crl.MP' for the sake of brevity and convenience] has been filed with a 'Condonation of Delay' ['COD'] prayer.

2. Mr.R.Muniyapparaj, learned Additional Public Prosecutor accepts notice for the first respondent (official respondent).

3. Considering the facts and circumstances of the case and the nature of the matter, we accept the reason for delay i.e.,unable to take effective steps in preferring the petition due to covid pandemic. We also notice that the delay sought to be condoned is 853 days.

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

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk

4. Learned Prosecutor points out that only a regular appeal will lie and revision is not maintainable, therefore, we make it clear that condonation of delay is subject to maintainability.

5. Sequitur of the narrative thus far is, delay is condoned and Crl.MP is ordered as prayed for.

(M.S.,J.) (M.N.K.,J.) 10.04.2023 mk Crl.M.P.No.4924 of 2023 in Crl.RC.SR.No.12637 of 2023 Page Nos.2/2 https://www.mhc.tn.gov.in/judis