Pandiyarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of September Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI in CRL RC(MD) No.SR13941 of 2020 PANDIYARAJAN ... PETITIONER/PETITIONER Vs THE STATE REP. BY THE INSPECTOR OF POLICE, (LAND GRABBING SPECIAL CELL) MADURAI DISTRICT. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to pass order to condone the delay of 573 days in filing the present Criminal Revision Petition challenging the order in the Crl.M.P.No.10/2016, dated 31.05.2018 on the file of learned Special Judicial Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases, Madurai.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.A.HAJA MOHIDEEN, Advocate for the petitioner and of MRS.ANANDHA DEVI, Government Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 573 days in filing the present Criminal Revision Case. 2.On the side of the petitioner, it is stated that the petitioner has filed a case under the Land Grabbing Act. FIR was quashed by the respondent Police as 'Mistake of Fact'. The petitioner has filed a protest petition in Crl.M.P.No.10 of 2016 before the Special Court for Exclusive Trial of Land Grabbing Cases, Madurai. There was no regular sitting in the Court and the petitioner could not follow the matter properly. Only during September 2019, the petitioner came to know that this petition was dismissed for default on 31.05.2018 itself. He filed copy 1/3
application on 12.09.2019 and obtained the copies on 01.11.2019. Due to Covid and lock down, the petitioner could not file the petition in time. There was a delay of 573 days in filing the revision and prayed the petition to be allowed.
3.On the side of the respondent, it is stated that the delay is not properly explained by the petitioner. Though the petition filed by the petitioner was dismissed on 31.05.2018, the petitioner did not take any steps till the year 2020 and the reasons stated are false and prayed the petition to be dismissed. 4.It is seen that the petition filed by the petitioner was dismissed on 31.05.2018. When a petition was filed by the petitioner, it is his duty to follow the proceedings. Why the petitioner did not take steps and why the petitioner was not aware of the order till September 2019 were not clearly explained by the petitioner. Even though the certified copies were furnished to the petitioner on 01.11.2019, the petitioner has not filed the revision case within the time limit. The lock down was declared only on 23.03.2020. From 01.11.
2019 till 23.03.2020, the petitioner did not take action. Though the reasons stated in the petition are not satisfactory, an opportunity is to be given to the petitioner. Hence, this petition is allowed on condition of payment of Rs.1,000/- (Rupees One Thousand only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), within a period of two weeks from today (17.09.2020). Failing which, the order stands cancelled automatically.
5.The Registry is directed to number the Criminal Revision Case.
sd/- 17/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE SPECIAL JUDICIAL MAGISTRATE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF LAND GRABBING CASES, MADURAI.
2. -DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3. THE INSPECTOR OF POLICE, (LAND GRABBING SPECIAL CELL) MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
ORDER
IN CRL MP(MD) No.4589 of 2020 IN CRL RC(MD) No.SR13941 of 2020 Date :17/09/2020 MRN SRS/ JC/ SAR-II/ 22.09.2020/ 3P/6C 3/3