Prabaharan v. State

C.M.P.No.2137 of2023 in W.A.No. SR 144537 of 2022 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(Order of the court was made by the Hon'ble Chief Justice) This is an application for condonation of delay of 80 days in filing the appeal.

2. Heard Mr.G.Mutharasu, learned counsel for the applicant; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 5 and, Mr.R.Krishna Prasad, learned counsel for the sixth respondent.

3. Learned counsel for the sixth respondent opposes the application on the ground that no sufficient cause is stated so also each day's delay has not been explained.

4. The delay is of 80 days. The applicant is not to gain by delay. The reasons are spelt out in the application. More over, it is

not necessary to explain each and every day delay. It is trite that if the technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice has to be subserved.

5. For the reasons stated in the accompanying affidavit, the delay of 80 days in filing the appeal is condoned. The application is allowed.

(S.V.G., C.J.) (P.D.A., J.) 10.07.2023 bbr

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr C.M.P.No.2137 of 2023 in W.A.No. SR144537 of 2022 10.07.2023