Pandidurai v. The State Rep By

Crl.M.P.Nos.19464, 19472, 19476, 19465 and 19469 of 2023 Crl.M.P.Nos.19464, 19472, 19476, 19465 and 19469 of 2023 in Crl.R.C.SR.Nos.26445, 26448, 26449, 26446 and 26447 of 2023 M. NIRMAL KUMAR , J.

These petitions have been filed to condone the delay of 164 days in representing the above revisions.

2.Heard the learned counsel appearing for the petitioner. 3.Mr.A.Damodaran, learned Additional Public Prosecutor strongly objects for the condonation of delay stating that in this case, the co-accused filed discharge petitions and the same were dismissed, against which, he filed revisions before this Court in Crl.R.C.Nos.498, 499, 500, 501, 528, 529, 530, 532, 533 and 534 of 2023. This Court, by order dated 23.11.2023, dismissed the same. He further submitted that the petitioner is A3 in this case, against him there are materials. The petitioner's contention that surcharge proceedings being set aside will no be a ground for discharge in a criminal case, which had been rightly held by the Trial Court. He further submitted that the case is posted before the Trial Court on 19.12.2023 for examination of PW1 to PW3. In this case already charges framed, hence, these petitions have become infructuous.

https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.Nos.19464, 19472, 19476, 19465 and 19469 of 2023 M. NIRMAL KUMAR , J.

rsi 4.Learned counsel for the petitioner submits that he has got other grounds to support his contentions. In view of giving opportunity to the petitioner, this Court is inclined to condone the delay. 5.Accordingly, the delay stands condoned and the petitions are ordered. It is made clear that the trial before the Lower Court shall proceed. The pendency of the above petitions would no way hinder the progress of the trial.

19.12.2023 rsi Crl.M.P.Nos.19464, 19472, 19476, 19465 and 19469 of 2023 in Crl.R.C.SR.Nos.26445, 26448, 26449, 26446 and 26447 of 2023 https://www.mhc.tn.gov.in/judis 2/2