State Rep. By v. Dharmarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE PRESENT:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.M.P.No.8692 of 2021 in Crl.A.No.SR.29513 of 2021 State rep by The Inspector or Police Needamangalam Police Station, Thiruvarur District, Crime No.16/18 ...Appellant/Complainant ..vs..

Dharmarajan S/o.Seenivasan ..Respondent/Accused Prayer in Crl.M.P.No.8692 of 2021 : Criminal Miscellaneous Petition filed under section 5 of the Limitation Act may be pleased to Condone the delay of 106 days in preferring an appeal against the judgment of acquittal of the respondent/accused passed in S.C.No.28/2018 dated 14.08.2019 by the Additional Sessions Judge (Fast Track Mahila Court) Tiruvarur. Prayer in Crl.A.SR.No.29513 of 2021 : Criminal Appeal SR filed under Section 378 Cr.PC prayed that this Hon'ble Court may be pleased to call for the records in S.C.No.28/2018, dated 14.08.2019 on the file of the additional Sessions Judge, Fast Track Mahila Court, Thiruvarur, set aside the same and convict the Respondent/Accused in accordance with law and thus render justice.

ORDER : This petition coming on for hearing on this day, and upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of Mr.Hazam Mohamed Jinnah, State Public Prosecutor Asst. by R.Muniyapparaj, Government Advocate, Crl.Side for the Petitioner and this court made the following order:-

Heard Mr.Hazan Mohamed Jinnah, learned Public Prosecutor assisted by Mr.R.Muniyapparaj, learned Government Advocate (Crl.Side) appearing for the petitioner/State. 2.

This Court issues the following directions:

i. The petitioner/police shall produce the respondent/accused before the Additional Sessions Court, (Fast Track Mahila Court), Thiruvarur, in S.C.No.28 of 2018, on or before 17.09.2021;

ii.On such production, the learned Sessions Judge, shall inform the respondent/accused about the pendency of the petition in Crl.M.P.No.8692 of 2021 in Crl.A.No.SR29513 of 2021 for condonation of delay in filing the above appeal against the judgment and order of acquittal dated 14.08.2019 passed in S.C.No.28 of 2018;

iii.Thereafter, the learned Sessions Judge, shall release the respondent/accused on he executing a bond for a sum of Rs.10,000/- with two sureties, under Section 88 Cr.P.C., with an undertaking that he will make necessary arrangements to enter appearance before this Court in this case;

iv.The learned Sessions Judge may obtain a photocopy of the Aadhar card, mobile number and address of the sureties and the respondent/accused; and v. Thereafter, the learned Sessions Judge, shall send a report to this Court.

Post the matter on 17.09.2021 'for reporting compliance'. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nsd To

1. The Additional Sessions Judge, (Fast Track Mahila Court), Thiruvarur.

2. Do Thro The Principal Sessions Judge, Thiruvarur.

3. The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

4. The Public Prosecutor Madras High Court, Chennai - 600 104.

Copy To :

1. The Court Manager with direction to send a copy to High Court, Madras.

2. The Court Manager, Additional Sessions Court, (Mahila FTC) Tiruvarur. (thro Email)

3. The Section Officer, (To watch the report and post Criminal Section the case for reporting High Court, compliance on 17.09.2021) Madras.

DATED: 03/09/2021 ORDER:

Crl.M.P.No.8692 of 2021 in Crl.A.SR.No.29513 of 2021 Direction Given etc., as stated within.

MG(CO) RGA(08/09/2021)