Inspector Of Police v. Vinayagamoorthy

Crl.MP.No.6917 of 2024 in Crl.A.SR.No.21236 of 2024 M.DHANDAPANI, J.

The present Miscellaneous petition has been filed seeking to condone the delay of 77 days in filing this Criminal Appeal.

2. Though notice has been served on the respondent, none appeared on his behalf.

3. Having satisfied with the reasons stated in the accompanying affidavit filed in support of this petition, this petition stands allowed and the delay is condoned.

4. Registry is directed to number the Criminal appeal, if the papers are otherwise in order and also print the name of the respondent in the cause list.

05.06.2024 msv Crl.M.P.No.6917 of 2024

in Crl.A.SR.No.21236 of 2024 M.DHANDAPANI, J.

This matter is listed today under the caption "being mentioned" at the instance of the learned counsel for the petitioner.

2. Vide order dated 05.06.2024 in Crl.M.P.No.6917 of 2024, this Court had directed the Registry to number the criminal appeal by condoning the delay.

However, at the point of time, the petition in Crl.O.P.No.13785 of 2024 which was filed for grant of leave was not brought to the notice of this Court, resulting in this Court condoning the delay. It is to be pointed out that without the leave petition being ordered, the delay petition cannot be condoned.

Thereafter on 18.06.2024, this Court has dismissed the petition seeking grant

leave. In such view of the matter, the order dated 05.06.2024 condoning the delay cannot be allowed to stand, accordingly, the order dated 05.06.2024 is recalled and Crl.M.P.No.6917 of 2024 stands dismissed.

11.11.2024 vji