Arvind Srinivasan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.04.2016 Coram:
THE HON'BLE Mr.JUSTICE M.VENUGOPAL Crl.M.P.No.4544 of 2016 in Crl.R.C.No.SR40408 of 2016
1. Arvind Srinivasan
2. Chandini Srinivasan ..Petitioners Vs.
State rep. By The Inspector of Police, CBCID (Metro Wing) Chennai
...Respondent
Prayer: Petition filed under Order IV Rule 9(4) of A.S. Rules to condone the delay of 175 days in representation of the Criminal Revision Petition. For Petitioners :
Ms.Shubharanjani Ananth For Respondent :
Mr.V.Arul Government Advocate (Crl.Side) O R D E R
Heard the Learned Counsel for the Petitioners and the Learned Government Advocate (Crl.Side) for the Respondent.
2. According to the Revision Petitioners/A.2 and A.3, the relevant papers in C.C.No.3546 of 2014 were returned by the Registry of this Court on 08.12.2015 and could not be represented within the stipulated time. Also that, the Revision Petitioners had engaged a new counsel and the change of Vakalatnama was handed over to the present counsel only on 12.04.2016. As a matter of fact, the original bundles should have been represented within three days from the date of return as regards the compliance of certain defects pointed out by the Registry. However, that was not done. Consequently, there is a delay of 175 days in representing the case bundle in C.C.No.3546 of 2014. The said delay is neither wilful nor wanton but due to the aforesaid reason.
3. Taking note of the fact that the Petitioners in an affidavit in Crl.M.P.No.4544 of 2016 had ascribed reasons for the delay of 175 days in representing the relevant case papers, this Court by taking a lenient and liberal view and also bearing in mind an important fact that the delay
in representation is a matter purely between the Petitioners and the Concerned Court, in the interest of justice allows the Petition and accordingly, the Crl.M.P.No.4544 of 2016 in Crl.R.C.Sr.No.40408 of 2015 is allowed.
18.04.2016 Index: Yes/No Internet: Yes/No ssd
M.VENUGOPAL, J.
ssd Crl.M.P.No.4544 of 2016 in Crl.R.C.No.SR40408 of 2016 18.04.2016