Madras High CourtCRL MP(MD)/3556/2017dismissed

S.Gunasekaran, v. Gnanathiraviyam,

2017-07-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL. M.P.(MD)No.3556 of 2017 in CRL. A(MD)No.SR11520 of 2017 and CRL. A(MD)No.SR11520 of 2017 S.Gunasekaran ... Petitioner Vs.

1.Gnanathiraviyam 2.Xavier Selvaraja 3.Nelson Jerold Bright 4.Samikutty 5.Manoharan 6.Thangaraja 7.Anaiyappan 8.Esakkiyappan 9.Nazeer 10.Maheswaran 11.Erek Judu 12.The Inspector of Police, The State of Tamil Nadu, Valliyoor Police Station, Tirunelveli District.

Cr. No.45/2015

...Respondents

PRAYER in CRL.M.P.(MD)No.3556 of 2017: Criminal Miscellaneous Petition is filed under Section 378(5) of Criminal Procedure Code, praying to condone the delay of 67 days in filing the criminal appeal which is filed against the judgment of acquittal passed by the Learned III Additional District Sessions Judge, Tirunelveli District, dated 01.12.2016 in S.C.No.604 of 2015 along with the special leave petition.

PRAYER in CRL.A(MD)No.SR11520 of 2017: Criminal Appeal filed under Section 372 of Criminal Procedure Code, praying to call for the records relating to the case in S.C.No.604 of 2015 on the file of the Learned III Additional Sessions Judge, Tirunelveli District dated 01.12.2016 and set aside the judgment of acquittal passed therein on 01.12.2016 and convict the accused. https://hcservices.ecourts.gov.in/hcservices/

For petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] Unfortunately, there is no representation on the earlier occasion. When the matter is taken up for hearing today, the same situation continues. Therefore, we dismiss the petition for nonprosecution. Consequently, the connected CRL. A(MD)No.SR11520 of 2017 is rejected, at the S.R stage itself.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To The Inspector of Police, The State of Tamil Nadu, Valliyoor Police Station, Tirunelveli District.

Cr. No.45/2015 sm/akv AE/SV/SAR1/14.07.2017/2P/2C CRL. M.P.(MD)No.3556 of 2017 in CRL. A(MD)No.SR11520 of 2017 and CRL. A(MD)No.SR11520 of 2017 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/