Rajkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.M.P.No.5995 of 2021 in Crl.RC.SR.No.18808 of 2021 Rajkumar ... Petitioner Vs.

State represented by The Inspector of Police, Dharapuram Police Station, Tiruppur District.

Crime No.591 of 2013 ... Respondent PRAYER: Criminal Miscellaneous petition has been filed under Section 5 of Limitation Act, prayed to condone the delay 425 of days in filing the above revision against the judgment in C.A.No.28 of 2014 dated 28.11.2018 on the file of the III Additional District and Sessions Judge, Tiruppur, Modified the judgment passed in C.C.No.386 of 2013 dated 16.06.2014 on the file of the Judicial Magistrate, Dharapuram.

For Petitioner : Mr.B.Kumarasamy For Respondent : Mr.Raj Thilak Government Advocate (Crl. side)

ORDER

This petition has been filed to condone the delay of 425 days in filing the above revision.

2.The learned counsel for the petitioner submitted that the petitioner was not able to contact his counsel and therefore, there was a delay in filing the revision.

3.The learned Government Advocate (Criminal Side) strongly opposes this petition on the ground that the delay is huge and he wants to file a counter.

4.Considering the rival submissions, though the delay is huge, this is a criminal case where the accused has statutory right to file a revision and recording the strong objection made by the learned Government Advocate (Criminal Side) and also considering the reason stated by the petitioner, this Court is inclined to condone the delay of 425 days in filing the above revision on condition that the petitioner shall make a nonrefundable deposit of Rs.2,000/- (Rupees Two Thousand only) through demand draft or Electronic Clearing System to the credit of The Chief Minister's Relief Fund.

-sd/- 26/05/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.

2 THE JUDICIAL MAGISTRATE, DHARAPURAM.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.

THE SECRETARY TO GOVERNMENT, THE CHIEF MINISTER'S RELIEF FUND, FORT ST. GEORGE, CHENNAI 600 009.

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S. B.KUMARASAMY Advocate on payment of necessary charges Order in CRL.MP.NO.5995/2021 in CRL.RC.SR.NO.18808/2021 Date :26/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:04/06/2021