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Madras High CourtCRL MP/13649/2019delay condoned

G.Udaya Kumar v. State Rep. By Its

2019-10-30Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.MP.No.13649 of 2019 in Crl.A.SR.No.45985 of 2019 A.D.JAGADISH CHANDIRA, J., The criminal miscellaneous petition has been filed by P.W.6, brother of the victim deceased viz., Kavitha, seeking to condone the delay of 30 days in filing the above criminal appeal against the Judgment of acquittal passed in S.C.No.77 of 2016, dated 27.05.2019, on the file of the Sessions Judge, Mahila Court, Chengalpattu.

Heard the submissions of the learned counsel for the appellant and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of the 1st respondent. The counter has been filed by the 2nd respondent objecting to condone the delay.

It has been stated by the petitioner that on mistaken impression that a time of 90 days is available for preferring the above appeal, the petitioner had filed the appeal with delay. It has been further stated that the delay is neither intentional nor wanton.

I have gone through the affidavit and the petition is ordered, the delay of 30 days in filing the above criminal appeal, against the Judgment of acquittal passed in S.C.No.77 of 2016, dated 27.05.2019, on the file of the Sessions Judge, Mahila Court, Chengalpattu, is hereby condoned. The Registry is directed to number the above Criminal Appeal, if the papers or otherwise in order and list the same for admission. 30.10.2019 ssi http://www.judis.nic.in 1/2

A.D.JAGADISH CHANDIRA, J., ssi Crl.MP.No.13649 of 2019 in Crl.A.SR.No.45985 of 2019 30.10.2019 http://www.judis.nic.in 2/2