Madras High CourtCRL MP(MD)/6182/2024allowed with costs

Veerappan v. Gurusamy

2024-11-07Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) SR No.16469 of 2024 VEERAPPAN ... Petitioner / Petitioner Vs 1 GURUSAMY 2 T.PETCHIMUTHU 3 THE SUB INSPECTOR OF POLICE THALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT ... Respondents / Respondents 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 608 days in filing the criminal revision petition as against the order passed by the Judicial Magistrate Court, Rajapalayam in Cr.MP.No.1443/2022 on 03.06.2022.

Prayer in CRL RC(MD) SR No.16469 of 2024:

To call for the records and set aside the order passed by the Judicial Magistrate Court, Rajapalayam in Crl. M.P.No.1443 of 2022 on 03.06.2022 and allow the criminal revision petition.

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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 M/S.JOTHI BASU.M, Advocate for the petitioner and of Mr.S.MAHALINGAM, Advocate on behalf of the Respondent Nos.1 and 2 and of Mr.K.SANJAI GANDHI, Government Advocate on behalf of the Respondent No.3, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to condone the delay of 608 days in filing the Criminal Revision Case in Crl.R.C.(MD)SR No.16469 of 2024.

2. Heard the learned counsel for the petitioner, the learned counsel for respondent Nos.1 and 2, and the learned Government Advocate (Criminal Side) appearing for the 3rd respondent, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for respondent Nos.1 & 2, and the learned Government Advocate (Criminal Side) appearing for the 3rd respondent have submitted their respective counter affidavits.

4. It is seen that the sufficient reasons have already been stated in the affidavit by the petitioner. Therefore, all other allegations raised by the learned counsel for respondent Nos.1 & 2 and the learned Government Advocate (Criminal Side) appearing for the 3rd respondent can only be discussed and decided at the time of hearing the Criminal Revision Case.

5. Considering the submissions made by both the sides, and also considering 2/4

the duration of delay, this Court is inclined to allow this petition on payment of cost. Accordingly, this petition will be allowed on payment of cost of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) by the petitioner to the 1st and 2nd respondents on or before 21.11.2024.

6. List the matter on 22.11.2024 under the caption "for reporting compliance". sd/- 07/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN To 1.The Judicial Magistrate, Rajapalayam.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Sub Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN in CRL RC(MD) SR No.16469 of 2024 Date :07/11/2024 ED/ SKN /SAR- (18/11/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4