Madras High CourtCRL MP(MD)/3952/2023allowed with costs

Udhayakumar v. The Inspector Of Police

2023-03-09Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.3952 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.3952 of 2023 IN CRL A(MD)SR.No.8179 of 2023 UDHAYAKUMAR ... PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE NIB-CID, MADURAI DISTRICT.

IN CRIME NO.13/2020.

... RESPONDENT/RESPONDENT 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 119 days in filing an appeal in C.C.No.155/2020 dated 29.08.2022 on the file of the 1st Additional Special Court for NDPS Act Cases,Madurai pending disposal of the above criminal revision petition.

PRAYER IN CRL.A(MD)SR.No.8179/2023:

Pleased to call for records and set aside the Judgment of conviction passed against the Appellant/Accused dated 29.08.2022 in C.C.No.155 of 2020 on the file of the Additional District Judge, 1st Additional Special Court for NDPS Act cases, Madurai and allow this Criminal Appeal and to acquit the appellant from all Charges. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEYARAM.A, Advocate for the petitioner and of Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The above Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 119 days in filing the Criminal Appeal challenging the order passed in C.C.No.155 of 2020 dated 29.08.2022 on the file of the 1st Additional Special Court for NDPS Act Cases, Madurai.

2. Heard the learned counsel appearing for the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.3952 of 2023 3.Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent has not raised any serious objections to allow this petition.

4.Considering the above, the delay is condoned on condition that the petitioner shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIBI000H040], on or before 23.03.2023, failing which, the petition shall stand dismissed automatically.

5. Post the matter on 24.03.2023.

sd/- 09/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE ADDITIONAL DISTRICT JUDGE, I ADDITIONAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE NIB-CID, MADURAI DISTRICT.

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

COPY TO:

THE OFFICER IN CHARGE, ADVOCATES WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.3952 of 2023 IN CRL A(MD)SR.No.8179 of 2023 Date :09/03/2023 SA/MMS/SAR.3/16.03.2023/2P/5C https://www.mhc.tn.gov.in/judis 2/2