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Madras High CourtCRL MP(MD)/1949/2020allowed

Ramachandran v. The Sub Inspector Of Police

2020-02-27Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.1949 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of February Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.1949 of 2020 IN CRL A(MD)SR.No.26455 of 2019 RAMACHANDRAN ... PETITIONER Vs THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, THIRUCHIRAPPALLI DISTRICT.

C.C.NO.150/2014 ... RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the delay of 265 days for preparing this Criminal Appeal Petition for set aside the order in Crl.R.C.No.42 of 2018 on the file of the 3rd Additional District and Sessions court, Trichy on 26/09/2018 and thus render justice.

Prayer in CRL A(MD)SR.No.26455 of 2019:

Pleased to call for records relating to CRL.RC.No.42 of 2018 on the file of the 3rd Additional District and Sessions Judge, Trichy dated 26.09.2018 in C.M.P.No.6064 of 2017 dated 27.11.2017 in C.C.NO.150 of 2014 to set aside the same and consequently allow the petitioner to recall the witness PW1 to PW5 in C.C.NO.150 of 2014 on the file of the learned Judicial Magistrate, Thuraiyur, Trichy District.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.D.BALAMURUGAPANDI, Advocate for the petitioner and of Mr.V.NEELAKANDAN, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- This petition has been filed to condone the delay of 265 days in preferring the above Criminal Appeal against the order in Crl.R.C.No.42 of 2018 on the file of the 3rd Additional District & Sessions Court, Trichy, dated 26.09.2018.

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CRL MP(MD) No.1949 of 2020 2.Heard both side.

3.Mr.V.Neelakandan, learned Additional Public Prosecutor appearing for the respondent has strongly opposed for allowing this petition.

4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on payment of Rs.2,500/- (Rupees Two thousand five hundred only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court.

sd/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TRICHY.

2. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.

3. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

4. THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, THIRUCHIRAPPALLI DISTRICT

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.1949 of 2020 IN CRL A(MD)SR.No.26455 of 2019 Date :27/02/2020 VSD TE/JC/SAR-I : 06/03/2020 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2