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Madras High CourtCRL MP(MD)/10166/2023allowed

T.Kumar @ Kumara Dhas v. The Special Sub Inspector Of Police

2023-07-18Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL RC(MD)SR.No. 24789 of 2023 T.KUMAR @ KUMARA DHAS ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY, THE SPECIAL SUB INSPECTOR OF POLICE, THUCKALAI POLICE STATION, KANYAKUMARI DISTRICT.

... RESPONDENT/COMPLAINANT 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 145 days in filing the appeal in concurrent judgments of conviction and sentence passed by the Learned Additional District and Sessions Judge, Padmanabhapuram in Crl.A.No.176 of 2005 dated on 27.10.2022, which confirming the judgment of conviction and sentence passed by the Learned Judicial Magistrate Court, Padmanabhapuram in C.C.NO. 331 of 2001 dated 26.05.2005 pending disposal of the above criminal appeal.

Prayer in Crl RC(MD)SR No.24789 OF 2023:

Pleased to call for the records pertaining to the impugned judgments of conviction and sentence passed by the Learned Additional District and Sessions Judge, Padmanabhapuram in Crl.A.No.176 of 2005 dated on 27.10.2022, which confirming the judgment of conviction and sentence passed by the Learned Judicial Magistrate Court, Padmanabhapuram in C.C.NO. 331 of 2001 dated 26.05.2005 and 1/3

set aside the same.

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.MICHEAL SEBASTIN B, Advocate for the petitioner and of MR.M.MUTHUMANIKKAM, Government Advocate (Criminal Side) on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 145 days in filing the above Revision.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, the petition is allowed on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:-770357420, IFSC Code:- IDIB000H040, Indian Bank) within a period of two weeks from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed without further reference to this Court. sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 2/3

TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PADMANABHAPURAM THE JUDICIAL MAGISTRATE, PADMANABHAPURAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE SPECIAL SUB INSPECTOR OF POLICE, THUCKALAI POLICE STATION, KANYAKUMARI DISTRICT.

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

COPY TO THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL RC(MD)SR.No. 24789 of 2023 Date :18/07/2023 PKP/MMS/SAR- /28.07.2023/ 3P/7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3