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Madras High CourtCRL MP/13108/2021delay condoned

Kasinathan v. The State Through,

2022-01-11Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula4 pages

P.N.PRAKASH, J.

AND R.N.MANJULA, J.

(Made by P.N.PRAKASH,J.) On 14.12.2021, this Court passed the following order: "Mr.R.Muniyapparaj, learned Additional Public Prosecutor takes notice for the respondent/State. In the meanwhile, the Registry is directed to put up a note, as to whether the appellant herein has filed any appeal through any other counsel, challenging his conviction and sentence dated 29.11.2016 passed by the Sessions Judge, Fast Track Mahila Court, Villupuram in S.C.No.16 of 2015. Registry is directed to call for a report from the trial Court, as to whether records and material objects in the said Sessions Case are still available.

Post this matter on 11.01.2022."

2.

Pursuant to the above order, the Registry has put up a note dated 10.01.2022, wherein, it has been stated as follows: "On verification, it is respectfully submitted that the petitioner in the above said case has not preferred any appeal through any other counsel challenging his conviction and sentence in S.C.No.16 of 2015 dated 29.11.2016 passed by the Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram.

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It is further respectfully submitted that the Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Villupuram has mailed this Registry to its availability of Original records and material objects in S.C.No.16/2015 and has also forwarded the photocopy of the records in D.No.5885/2021, dt.30.12.2021. The said letter is enclosed herewith for Your Lordship's kind perusal at Flag 'A'." 3.

In view of the above and being satisfied with the reasons assigned in the affidavit filed in support of this petition, the delay of 1161 days in filing the above appeal is condoned.

Accordingly, this criminal miscellaneous petition stands allowed. The Registry shall number the appeal, if the same is otherwise in order. (P.N.P.,J.) (R.N.M.,J.) 11.01.2022 nsd 2/4

To 1.The Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Villupuram.

2.The Inspector of Police, Manalurpettai Police Station, Villupuram District.

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

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P.N.PRAKASH, J.

AND R.N.MANJULA, J.

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