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Madras High CourtCRL MP(MD)/1628/2020allowed

T.Salomon Durairaj v. E.Jerry Cardoza

2020-03-13Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.1628 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.1628 of 2020 in CRL RC(MD)SR No.5283 of 2020 T.SALOMON DURAIRAJ ... PETITIONER/ RESPONDENT/ ACCUSED No.2 Vs E.JERRY CARDOZA ... RESPONDENT/APPELLANT/ COMPLAINANT 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 59 days in preferring the Criminal Revision Petition against the Judgment dated 02/09/2019 in C.A.No.37 of 2016 passed by the 1st Additional District and Sessions Court, Thoothukudi and thus render justice.

PRAYER IN CRL RC(MD)SR No.5283 of 2020:

Pleased to call for the records pertaining to the Reversal finding of the Judgment in Crl. A.No.37 of 2016 dated 02.08.2019 on the file of the Ist Additional District Sessions Court, Thoothukudi against the Judgment in C.C.No.56 of 2013 dated 19.07.2016 on the file of the Special Court for land Grabbing Cases, Thoothukudi and set aside the same.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.I.PINAYGASH, Advocate for the petitioner and of Mr.N.DILIP KUMAR, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 59 days in preferring the Crl.R.C(MD)SR.No.5283 of 2020 against the judgment, dated 02.09.2019 in C.A.No.37 of 2016 passed by the learned 1st Additional District and Sessions Judge, Thoothukudi. 2.Heard both sides.

3.Mr.N.Dilip Kumar, learned counsel appearing for the respondent has strongly opposed for allowing this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1628 of 2020 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.3,00/- (Rupees Three 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/- 13/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE I ADDITIONAL DISTRICT SESSIONS JUDGE, THOOTHUKUDI.

2.THE SPECIAL COURT FOR LAND GRABBING CASES, THOOTHUKUDI.

COPY TO:

THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.1628 of 2020 in CRL RC(MD)SR No.5283 of 2020 Date :13/03/2020 VSD TK/JC/SAR.1/18.03.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2