Markaband v. Gopi Krishnan

Crl.M.P.No.12817 of 2023 in Crl.R.C.SR.No.38726 of 2023 M. NIRMAL KUMAR , J This petition is filed to condone the delay of 414 days in filing the above Criminal Revision Case.

2. The learned counsel for the respondent filed his counter and submitted that the petitioner has not given any proper reason for the delay, but simply shifted the blame on the counsel, who appeared on behalf of the petitioner, which is not proper. Further, the petitioner had not produced any medical certificate for the claim that he was suffering illness. Hence he opposed to allow this petition.

3. The learned counsel for the petitioner submitted that one of the offence claimed against the petitioner is sessions offence and the enquiry has to be made over to the Sessions Court. This procedure has not been followed.

4. Considering the submission and objections of the respondent and the fact that the petitioner is raising legal grounds, which can be decided at the time of admission, the delay stands condoned and the petition is ordered.

11.03.2024 rpl Note: Registry is directed to number the Criminal Revision Case , if it is otherwise in order.

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