Senthilkumar v. The Inspector Of Police

Crl.M.P.No.9765 of 2023 Crl.M.P.No.9765 of 2023 in Crl.A.SR.No.29331 of 2023 (Filing Number) M.SUNDAR, J., and R.SAKTHIVEL, J., [Order of this Court was made by M.SUNDAR,J.,] Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl MP' for the sake of brevity, convenience and clarity] has been filed with 'condonation of delay' ['COD'] prayer. To be noted, COD is qua 6 days delay in filing Criminal Appeal being Crl.A.SR.No.29331 of 2023 as against the judgment of conviction and sentence passed by learned learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, in S.C.No.200 of 2016 on 28.02.2023.

2. Mr.J.William Shakesphere, learned counsel on record for petitioner is before us. Learned counsel submits that delay sought to be condoned is neither willful nor wanton but owing to delay in getting certified copy of the documents.

3. Issue notice. Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor accepts notice for the respondent and submits that no other appeal has been preferred by the petitioner.

https://www.mhc.tn.gov.in/judis Page Nos.1/2

Crl.M.P.No.9765 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., mk

4. Considering the facts and circumstances of the case and the nature of the matter, we accept the reason for delay i.e., the appellant could not be able to engage a counsel and obtain certified copy of the documents within the time.

5. Sequitur of the narrative thus far is, delay is condoned and captioned Crl.MP is ordered as prayed for.

[M.S.,J.] [R.S.V.,J.] 17.08.2023 mk Crl.M.P.No.9765 of 2023 in Crl.A.SR.No.29331 of 2023 (Filing Number) https://www.mhc.tn.gov.in/judis Page Nos.2/2