Alagar v. Samitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in Crl.A.(MD).No.SR.10159 of 2024 ALAGAR ... PETITIONER/APPELLANT Vs SAMITHA ... 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 367 days in filing the petition seeking leave of this Hon'ble court to appeal from the order of the acquittal passed by the learned Additional District and Sessions Judge (FTC) Kumbakonam in C.A No. 33/2021 dt. 19.01.2023 by reversing the judgement of the trial court in STC.No.128 of 2019 dated 10.03.2021. Prayer in Crl.A.(MD).No.SR.10159 of 2024:

Pleased to call for the records pertaining to the judgment in C.A.No.33 of 2021 dated 19.01.2023 passed by the Learned Additional District and Sessions Judge (FTC), Kumbakonam, by reversing the judgement of the trial court in STC.No.128 of 2019 dated 10.03.2021 and set aside the same.

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 Mr.D.VENKATACHALAM, Advocate for the petitioner, the court made the 1/3

following order:- By mistake, it appears that grant leave application has been filed without filing the application to condone the delay. That was also numbered by the Registry without noticing the same. After allowing the grant leave application, this application has been filed, which will not lie. Since already leave is granted, Registry is directed to process the appeal itself. This petition is dismissed as unnecessary. sd/- 18/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTC), KUMBAKONAM.

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN in Crl.A.(MD).No.SR.10159 of 2024 Date :18/10/2024 SA/VR/SAR. /22.10.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3