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Madras High CourtCRL MP/8191/2020delay condoned

The State Rep.By v. J.Jayaraman

2021-02-03Honourable Mr Justice A.D.Jagadish Chandira3 pages

Crl.MP.No.8191 of 2020 in Crl.A.SR.No.29439 of 2020 A.D.JAGADISH CHANDIRA, J., The criminal miscellaneous petition has been filed, seeking to condone the delay of 10 days in filing the Appeal against the Judgement of acquittal passed in Spl. Case. No.03 of 2003 dated 06.12.2019 on the file of the Chief Justice cum Special Court, Cuddalore.

2. Though the name of Mr.J.Jayaraman is printed in the list, there is no representation for R1.

3. Mr.Rajarathinam, learned Counsel appearing for R2 to R5 and R7 to R9 would oppose for Condonation of delay.

4. The learned Additional Public Prosecutor would submit that the judgement was delivered on 06.12.2019 and the certified copy of the Judgement was applied on the same day and the appellant was able to obtain the certified copy on the same day i.e. 16.12.2019. Thereafter, opinion was sought for from the Deputy Legal Advisor, Vigilance and Anti Corruption, Cuddalore, and he offered his opinion on 21.01.2020 and thereafter, it was sent to Additional Chief Secretary to Government, 1/3

Revenue and Disaster Management Department, Service Wing, Service 2(1) Section, Secretariat, Chennai on 14.02.2020 vide RC.No.55/1998/REV/CL and the proposal sent by the Government to the office of the Public Prosecutor, High Court on 21.09.2020 and the same was received at the office of the Public Prosecutor, High Court, on 24.09.2020 and after obtaining the legal opinion of the Secretary, the Appeal had been filed on 15.10.2020. He would submit that there had been a delay of 10 days.

5. Taking into consideration of the above facts and submissions, this Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Accordingly, this petition is ordered.

6. The Registry is directed to number the above Criminal Appeal in Crl.A.SR.No.29439 of 2020, if the papers are otherwise in order and list the same for admission.

03.02.2021 ksa-2 2/3

A.D.JAGADISH CHANDIRA, J., ksa-2 Crl.MP.No.8191 of 2020 and Crl.A.SR.No.29439 of 2020 03.02.2021 3/3