Magindren v. Inspector Of Police

Crl.M.P.No.14657 of 2023 Crl.M.P.No.14657 of 2023 in Crl.A.SR.No.44004 of 2023 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 111 days delay in filing Criminal Appeal being Crl.A.SR.No.44004 of 2023 as against the judgment of conviction and sentence passed by 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. Ms.D.Divya Bharathi, 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 procedural delay in engaging a lawyer.

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.14657 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., rsi

4. Considering the facts and circumstances of the case and the nature of the matter, we accept the reason for delay i.e., time consumed in engaging a lawyer.

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.] 14.09.2023 rsi Crl.M.P.No.14657 of 2023 in Crl.A.SR.No.44004 of 2023 https://www.mhc.tn.gov.in/judis Page Nos.2/2