Chinnaraja v. State Of Tamilnadu Rep By Inspector Of Police, Nib - Cid
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2026
CORAM
THE HONOURABLE MRS JUSTICE N. MALA Crl.M.P.(MD)No.1404 of 2026 in Crl.A(MD).SR.No.3216 of 2026 Chinnaraja S/o.Thangamani Kaliammal Kovil Street Valayapatti Street Pothampatti Post Usilampatti Taluk Madurai District. (At present appellant is confined at Central Prison Madurai as convict prisoner) Petitioner/Appellant/Accused No.1 Vs.
The State of Tamilnadu Rep By its, The Inspector Of Police, Madurai NIB-CID, Madurai District Crime No.14/2022 Respondent/Respondent/Complainant For Petitioner(s):
Mr.M.Jegadeesh Pandian For Respondent(s): Mr.B.Nambi Selvan Additional Public Prosecutor Prayer: This petition is filed under Section 5 of the Limitation Act to condone the delay of 174 days in filing criminal appeal as against the judgment of conviction passed by the learned Principal Special Judge, Principal Special Court for EC and NDPS Act cases, Madurai, in CC.No. 567/2023 dated 06.05.2025.
O R D E R
This application has been filed to condone the delay of 174 days in preferring the criminal appeal against the judgment of conviction passed in CC.No.567 of 2023 dated 06.05.2025 on the file of the the learned Principal Special Judge, Principal Special Court for EC and NDPS Act cases, Madurai.
2. It is averred in the affidavit filed in support of this petition that the petitioner took the judgment along with himself and after discussing with his family, the petitioner had to arrange money to engage an Advocate and in that process, he was unable to arrange to file the appeal within time. It is therefore prayed that the delay may be condoned.
3. The learned Government Advocate(Crl.side) appearing for the respondent would submit that the delay is not sufficiently explained and prayed for dismissal of this petition.
4.I have perused the affidavit carefully. It is seen that only because of the family circumstances, the delay of 174 days occurred in filing the appeal.
5. The Hon'ble Supreme Court, vide order dated 02.01.2025, in SLP.[Crl.].No.18045/2024, in the case of Mahesh Singh Banzara Vs. State of Madhya Pradesh, following its earlier judgment, in the case of Dilip S.Dahanukar Vs. Kotak Mahindra Co. Ltd [2007 [6] SCC 528], held that the right to appeal, particularly, when it concerns the liberty of the individual, is a fundamental right under Article 21 of the Constitution of India and that the High Court, while dismissing the appeal solely on the ground of delay, was bound to examine the reasons for the delay. The Hon'ble Supreme Court, in the said case, condoned the delay of 1637 days in filing the appeal by accepting the similar reason of lack of monetary resources.
6. In view of the abovesaid judgment of the Hon'ble Supreme Court, this Court is inclined to give the petitioner an opportunity to contest the statutory appeal on merits. Therefore, the delay of 174 days is condoned and this petition is allowed. The Registry is directed to number the appeal if it is otherwise in order.
23.01.2026 CM
N.MALA , J.
CM Crl.M.P.(MD)No.1404 of 2026 in Crl.A(MD).SR.No.3216 of 2026 23.01.2026