The Additional Superintendent Of Police v. M.Balasingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twenty Eighth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD). No.11373 of 2023 in CRL.A(MD)SR.N.27914 of 2023 The Additional Superintendent of Police, Vigilance and Anti Corruption Kanyakumari. (In Crime No.4/2001).

State Rep.

by the Public Prosecutor, Madurai Bench of Madras High Court.

... Petitioner/Appellant/Complainant.

Vs 1 M.Balasingam S/o.Tr.P.Madan Formerly Inspector of Police Economic Offences Wing - Ii Nagercoil Kanyakumari District.

... Respondent/Respondent/Complainant Prayer :- Criminal Miscellaneous Petition filed under section 5 of the Limitation Act to condone the delay of 449 days to file an appeal to this Honble Court against the acquittal Judgement passed in the Court of Special Judge cum Chief Judicial Magistrate, Nagercoil in Special Case No.10/1012 dt.4/2/2020. Prayer in Crl.A(MD)No.857/2023 (SR.No.27914 of 2023):- This Petition filed under section 378(i) of Cr.P.C) to call for the records and set aside the acquittal order rendered in Judgment dated 04.02.2020 in Special Case No.10 of 2012 on the file of learned Special Judge Cum Chief Judicial Magistrate, Kanyakumari at Nagercoil.

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ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. T. Senthil Kumar, Additional Public Prosecutor, for the Petitioner and of Mr. R. Ramanujam, Advocate for M/s. Gandhi Associates, for the respondent, this Court made the following order: "The Criminal Miscellaneous Petition has been filed to condone the delay of 449 days in filing the Criminal Appeal.

2. Heard the learned counsel appearing on either side.

3. Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, the petition is allowed.

4. The Registry is directed to number the Criminal Appeal if it is otherwise in order and list it for admission in the usual course." Sd/- Assistant Registrar(CS-I) // True Copy // /10/2023 Sub Assistant Registrar(CS) 2/3

TO For C.D. Purpose:- + 1.c.c. To M/s. Gandhi Associates, Advocate (SR.No.10690) Copy to The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 28/08/2023 ========================== FOR CD PURPOSE ========================== CRL MP(MD). No.11373 of 2023 in CRL.A(MD)SR.N.27914 of 2023 Giving direction and etc.

as stated within.

KB(11.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3