Backiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of July Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.6121 of 2016 IN CRL A(MD) No.202 of 2015 1 BACKIYARAJ 2 SASIKUMAR ... APPELLANTS/ACCUSED (NOW CONFINED AS LIFE CONVICT IN TRICHY CENTRAL PRISON) Vs THE STATE REP. BY THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TRICHY DISTRICT.

CR.NO.54/2013 ... RESPONDENT/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 116 days in filing restore petition in Crl.A. (MD). No.202 of 2015 dated 26.2.2016 before this Honourable Court. Prayer in Crl.A.(MD)No.202 of 2015:

To call for the records connected to the judgment dated 24.01.2014 in S.C.No.168 of 2013 on the file of the Hon'ble Sessions Judge of Thiruchirappalli Division, Tiruchirappalli and set aside the conviction and sentence imposed against the appellants and acquit the appellants.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.Ramachandran, Additional Public Prosecutor for the Respondent and Petitioners not appeared in person or by an Advocate and the court made the following order:- [Order of the Court was made by K.K.SASIDHARAN, J.] None appears on behalf of the petitioners.

2. Heard the learned Additional Public Prosecutor appearing on behalf of the respondent.

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3. This Petition is to condone the delay of 116 days in filing

restoration petition in Crl.A.(MD).No.202 of 2015, which was dismissed for default on 26.02.2016.

4. The petitioners, in the affidavit filed in support of the Interlocutory Application, indicated the reasons for the delay in filing the restoration petition.

5. In view of those reasons, this petition is allowed. The delay is condoned.

sd/- 27/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUCHIRAPPALLI. 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI. 3 THE PRINCIPAL SESSIONS JUDGE, TIRUCHIRAPPALLI DIVISION, TIRUCHIRAPPALLI.

4 THE DISTRICT COLLECTOR, TIRCHY DISTRICT.

5 THE DIRECTOR GENERAL OF POLICE, MYLAPORE, CHENNAI - 4. 6 THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY DISTRICT.

7 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 8 THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, CHENNAI - 9.

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

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High court, Madurai NB JM/GSV-PM/SAR-I/03.08.2016/2P-11C

ORDER

IN CRL MP(MD) No.6121 of 2016 IN CRL A(MD) No.202 of 2015 Date :27/07/2016 https://hcservices.ecourts.gov.in/hcservices/