Madras High CourtCRL MP/13036/2018dismissed

P.Janarthanan v. Iyyappan

2018-10-10Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2018 C O R A M THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.M.P.No.13036 of 2018 in Criminal Appeal SR No. 41208 of 2018 and Criminal Appeal SR.No.41208 of 2018 J.Janarthanan ... Petitioner/Appellant

Versus

1. Iyyappan,

2. The Inspector of Police, Vanur Police Station, Villupuram-605 109.

...Respondents

Prayer in CRL.M.P.No.13036 of 2018:- Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 68 days in filing the Criminal Appeal against the order dated 05.04.2018 in S.C.No.375 of 2016 passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Villupuram.

Prayer in Crl.A.No.SR41208/2018:- Criminal Appeal filed under Section 372 r/w 378(3) of the Code of Criminal Procedure against the judgment dated 05.04.2018 passed by the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram in S.C.No.375 of 2016.

For Petitioner/Appellant : Mr.B.Sathishsundar For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor for R2 ***

J U D G M E N T

(Judgment of the Court was delivered by C.T.SELVAM, J) This petition has been filed to condone the delay of 68 days in filing the Criminal Appeal against the judgment dated 05.04.2018 passed in S.C.No.375 of 2016 on the file of learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Villupuram.

2. We have heard learned counsel for petitioner, learned Additional Public Prosecutor for second respondent as also perused the material on record.

3. Upon hearing learned counsel for petitioner and being not satisfied with the reasons stated in the affidavit filed in support of this petition, this Criminal Miscellaneous Petition shall stand dismissed. Consequently, Criminal Appeal SR.No.41208 of 2018 is rejected.

[C.T.S., J] [M.N.K., J] 10.10.2018 Index: Yes/No, kmi

To 1.The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Villupuram.

2. The Public Prosecutor, High Court, Madras-104.

C.T.SELVAM, J AND M.NIRMAL KUMAR, J kmi CRL.M.P.No.13036 of 2018 in Criminal Appeal SR No. 41208 of 2018 and Criminal Appeal SR.No.41208 of 2018 10.10.2018