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Madras High CourtCRL MP/3656/2016ordered

The State Rep By v. Sundaram

2016-07-15Honourable Mr Justice R.Subbiah3 pages

Crl.M.P.No.3656 of 2016 in Crl.A.SR.No.28572 of 2015 R.SUBBIAH, J The present petition has been filed by the petitioner to condone the delay of 45 days in paying a sum of Rs.200/- to the Legal Services Authority attached to this Court on or before 21.9.2015.

2. Originally, the petitioner filed a petition in M.P.No.1 of 2015 in Crl.A.S.R.No.28572 of 2015 to condone the delay of 168 days in preferring the appeal against the judgment of acquittal dated 15.10.2014 made in Spl.C.C.No.6 of 2014 on the file of learned Special Judge, Special Court for Trial of Cases under the Prevention of Corruption Act, Salem. In the said petition, this Court, by an order dated 31.8.2015, directed the petitioner to pay a sum of R.200/- to the Legal Services Authority attached to this Court on or before 21.9.2015, failing which the petition would be dismissed. As per the said order, since the cost has not been paid, the said petition was dismissed by this Court by an order dated 22.9.2015.

3. Now, the petitioner has come up with the present petition to condone the delay of 45 days in paying a sum of Rs.200/- to the Legal Services Authority attached to this Court on or before 21.9.2015. However, since there is delay of 71 days, this Court directed the petitioner to file a better affidavit and a better affidavit was also filed. Further, the learned Additional Public Prosecutor submitted that as directed by this Court, a sum of Rs.200/- has been paid to the Legal Services Authority attached to this Court on 4.4.2016. He has also produced the receipt for the same.

4. In view of the same, the delay is condoned and the petition in M.P.No.1 of 2015 in Crl.A.SR.No.28572 of 2015 is restored to file. Registry is directed to post the petition in M.P.No.1 of 2015 in Crl.A.SR.No.28572 of 2015 on 5.8.2016.

03.08.2016 sbi

R.SUBBIAH, J sbi Crl.M.P.No.3656 of 2016 in Crl.A.SR.No.28572 of 2015 DATED: 3.8.2016