A.M.Narayanababu v. V.Sagadevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.M.P.No.8101 of 2024 in Crl.A.No.(Sr) 59513 of 2023 A.M.Narayanbabu

...Petitioner

Vs.

V.Sagadevan

...Respondent

PRAYER in Crl.MP.No.8101 of 2024: Criminal miscellaneous petition has been filed under Section 5 of Limitation Act, to condone the delay of 193 days in preferring the Criminal Appeal before this Court against the judgment dated 09.03.2023 in STC. No.602 of 2018 on the file of the Fast Track Court, Magisterial Level, Poonamallee.

PRAYER in Crl.A.SR.No.10944 of 2023: Criminal Appeal has been filed under Section 378(4) of Cr.P.C., to set aside the judgment dated 09.03.2023 in STC. No.602 of 2018 on the file of the Fast Track Court, Magisterial Level, Poonamallee.

For Petitioner : Mr.A.Kathik For Respondents : No appearance 1/4

ORDER

The petitioner/defacto complainant has filed this petition to condone the delay of 193 days in preferring the Criminal Appeal before this Court against the judgment dated 09.03.2023 in STC. No.602 of 2018 on the file of the Fast Track Court, Magisterial Level, Poonamallee.

2. This Court, on 07.06.2024, ordered notice to the respondent returnable by 21.06.2024. Despite granting sufficient time, the petitioner had not taken effective steps to serve notice to the respondent. Therefore, vide order dated 24.06.2024, this Court directing the Additional Public Prosecutor to serve notice to the respondent and list the matter on 01.07.2024.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor filed AOS stating that whereabouts of the respondent is not known.

4. This Court is not convincing the reasons stated in the affidvait. The reasons appeared to be very vague and unbelivable. The petitioner has not even completed service on the respondent. Therefore, no useful purpose will be 2/4

served by entertaining this appeal. Hence, the miscellaneous petition is dismissed and consequently, the appeal is rejected at the SR stage itself. 01.07.2024 rli To The Fast Track Court, Magisterial Level, Poonamallee.

3/4

M.DHANDAPANI,J.

Rli Crl.M.P.No.8101 of 2024 in Crl.A.No.(Sr) 59513 of 2023 01.07.2024 4/4