Madras High CourtCRL MP/16205/2018dismissed

Nalavirumbi @ Balakrishnan v. State Rep.By

2018-12-03Honourable Mr Justice V. Parthiban2 pages

Crl.M.P.No.16205 of 2018 in Crl.R.C.No.1373 of 2016 V.PARTHIBAN,J., The extension petition has been filed with regard to the order passed by this Court on 15.11.2016 in Crl.R.C.No.1373 of 2016.

2. According to the learned counsel for the petitioner, the petitioner has to appear before the Trial Court within a period of one week as fixed by this Court in the earlier order as found in paragraph No.17, which is extracted below:- "17. Before parting with the case, this Court makes it abundantly clear that the Revision Petitioner henceforth is directed to appear before the Trial Court without offering any lame duck excuse for the hearings to follow and on his side, P.W.1 and P.W.2 should be cross-examined and their crossexamination ought to be completed by the side of the petitioner/accused without any laxity being shown in this regard. In view of the fact that the revision petition is allowed by this Court, the Trial Court is directed to restore the Crl.M.P.No.3015 of 2016 in C.C.No.

1121 of 2012 to its file, within a period of one week from the date of receipt of a copy of this order. Thereafter, the Trial Court is to proceed with the main case in C.C.No.1121 of 2012 and that the Trial Court is further directed to see that the cross-examination of P.W.1 and P.W.2 is completed at an early date."

http://www.judis.nic.in

V.PARTHIBAN,J., gsk

3. According to the petitioner, he was in jail in regard to other case and could not appear before the Trial Court within a period of one week in compliance with the condition and the petitioner has come out from jail only in 2017.

4. However, it appears that the order which was passed was two years old and there is no proper explanation from the petitioner as to why it was taken so much time to move this Court seeking extension of time. this Court is unable to appreciate how such extension of time can be sought after two years. Therefore, this Court finds no merit in the petition and the same is dismissed.

03.12.2018 gsk Crl.M.P.No.16205 of 2018 in Crl.R.C.No.1373 of 2016 http://www.judis.nic.in