Madras High CourtCRL MP(MD)/1735/2024allowed with costs

Sekar v. The Sub Inspector Of Police

2024-11-19Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI IN CRL RC(MD) No.170 of 2019 SEKAR ... Petitioner / Petitioner Vs THE SUB INSPECTOR OF POLICE KARUR DISTRICT CRIME BRANCH, KARUR DISTRICT.

CRIME NO.2 OF 2015.

... Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Condone the delay of 923 days in filing the Restore Petition as against the default order dt.15.7.2019 in Crl.RC.(MD).No.170 of 2019.

Prayer in CRL RC(MD) No.170 of 2019 To call for the records of the judgement made in C.A.No.112 of 2017 dated 19.01.2018 on the file of the Principal Sessions Judge, Karur, by partly allowed the appeal against the judgement of conviction passed in C.C.No.46 of 2018 dated 1/4

20.06.2017 on the file of the learned Judicial Magistrate no.II, Kulithalai, Karur District.

Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.V.

KARUNA, Advocate for the petitioner and of M/s.M.VAIKKAM KARUNANITHI, Government Advocate (Crl. Side) on behalf of the Respondents the court made the following order:- This petition has been filed to condone the delay of 923 days in filing the restore petition as against the default order, dated 15.07.2019 in Crl.R.C(MD)No.170 of 2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the affidavit filed in support of this petition.

3. The learned Government Advocate (Crl.side) for the respondent raised only the formal objection.

4. Being satisfied with the reasons stated in the affidavit, this Court is inclined to condone the delay, but on terms. Hence, this petition will be allowed on payment of cost of Rs.3,000/- (Rupees Three Thousand only) to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 on or before 10.12.2024.

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5. List the matter on 11.12.2024 under the caption "for reporting compliance". sd/- 19/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO

1. THE PRINCIPAL SESSIONS JUDGE, KARUR,

2. THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT.

3 THE SUB INSPECTOR OF POLICE KARUR DISTRICT CRIME BRANCH, KARUR DISTRICT.

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

COPY TO THE OFFICER INCHAGE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM 3/4

ORDER

IN IN CRL RC(MD) No.170 of 2019 Date :19/11/2024 PSP/ VR /SAR /03.12.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4