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Madras High CourtCRL MP/14426/2021delay condoned

R. Raja v. The State Rep By

2022-02-02Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

Crl.M.P.No.14426 of 2021 in Crl.A.No.SR42984 of 2021 Crl.M.P.No.14426 of 2021 in Crl.A.No.SR42984 of 2021 P.N.PRAKASH, J.

AND R.HEMALATHA,J.

(Made by P.N.PRAKASH,J.) This criminal miscellaneous petition has been filed to condone the delay of 1165 days in filing the above appeal against the judgment and order dated 29.12.2016 passed in S.C.No.192 of 2015 on the file of the District Mahila Court (Sessions Level), Cuddalore District.

2.

On 05.01.2022, we passed the following order: "The Registry is directed to verify as to whether the petitioner herein has filed any appeal through another counsel challenging his conviction and sentenced by judgment and order dated 29.12.2016 passed in S.C.No.192 of 2015 on the file of the District Mahila Court (Sessions Level), Cuddalore District and place a report before this Court on 02.02.2022. 2.

The Registry is also directed to call for a report from the trial Court as to whether the exhibits and materials objects are available in S.C.No.192 of 2015.

Post the matter on 02.02.2022."

3.

Pursuant to the above, the Registry has put up a office note dated 01.02.2022, wherein, it is stated as follows: "On verification, it is respectfully submitted that the petitioner in the above said case has not preferred any appeal through another counsel challenging his conviction and sentenced by judgment and order dated 29.12.2016 passed in https://www.mhc.tn.gov.in/judis S.C.No.192 of 2015 on the file of the District Mahila Court (Sessions Level), Cuddalore District.

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Crl.M.P.No.14426 of 2021 in Crl.A.No.SR42984 of 2021 P.N.PRAKASH, J.

AND R.HEMALATHA,J.

nsd It is further respectfully submitted that the Sessions Judge, Magalir Court, Cuddalore has addressed this Registry to its availability of Original records and materials objects in S.C.No.192/2015. The said letter is enclosed herewith for Your Lordship's kind perusal at Flag 'A'."

4.

Heard Mr.P.Pugalenthi, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent/State.

Accepting the reasons, stated in the affidavit filed in support of this petition, the delay of 1165 days in filing the above appeal is condoned. The Registry shall number the appeal, if the same is otherwise in order. (P.N.P.,J.) (R.H.,J.) 02.02.2022 nsd Crl.M.P.No.14426 of 2021 in Crl.A.No.SR42984 of 2021 https://www.mhc.tn.gov.in/judis 2/2