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Madras High CourtCRL MP(MD)/4974/2020allowed with costs

Hari Ramachandran v. Thanumoorthy

2020-11-26Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.4974 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.4974 of 2020 IN CRL RC(MD) No.SR13858 of 2020 HARI RAMACHANDRAN ... PETITIONER/PETITIONER Vs 1 THANUMOORTHY 2 THE STATE OF TAMIL NADU REP. BY PUBLIC PROSECUTOR NAGERCOIL. ... RESPONDENTS/RESPONDENTS 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 241 days in filing this Present Criminal Revision Petition in CRL.RC(MD)SR.No.13858 of 2020 against the C.A.No. 61 of 2015 on the file of the Principal Sessions Judge, Kanniyakumari at Nagercoil confirming judgement dated 17.11.2015 in CC.98/2013 on the file of the Judicial Magistrate No.I, Nagercoil. Prayer in CRL RC(MD) No.SR13858 of 2020:

To SET-ASIDE the judgment dated 27.04.2019 passed in C.A.No.61 of 2015 on the file of Principal Sessions Judge, Kanniyakumari at Nagercoil confirming the judgment dated 17.11.2015 passed in CC.No.98 of 2013 on the file of the Judicial Magistrate (Fast Track) Court No.I, Nagercoil.

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.D.NALLATHAMBI, Advocate for the petitioner and of Mr.T.SELVAKUMARAN, Advocate for the 1st Respondent and Mr.S.CHANDRASEKAR, Additional Public Prosecutor on behalf of 2nd Respondent, the Court made the following order:- This petition has been filed to condone the delay of 241 days in filing the present Criminal Revision Case. 2.On the side of the petitioner, it is stated that the petitioner was out of station for his work and subsequently due to enforcement of lock down, he could not communicate with his https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.4974 of 2020 advocate. Hence, there was a delay of 241 days in filing the revision case and prayed the petition to be allowed. 3.On the side of the respondent, it is stated that the petition may be allowed on payment of cost.

4.The reasons stated in the petition are not satisfactory. But an opportunity for the petitioner is to be given to put forth his case. This petition is allowed on condition of payment of Rs.1,000/- (Rupees One Thousand only) to the learned counsel for the second respondent, on or before 04.12.2020.

5.Post the matter on 05.12.2020 'for reporting compliance'. sd/- 26/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL.

2. THE JUDICIAL MAGISTRATE NO.I, (FAST TRACK COURT) NAGERCOIL.

3. -DO- THORUGH: THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4. THE PUBLIC PROSECUTOR, NAGERCOIL.

ORDER

IN CRL MP(MD) No.4974/2020 IN CRL RC(MD)No.SR13858/2020 Date :26/11/2020 MRN SRS/JC/SAR-III/01.12.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2