K. Pratheep Raja v. Pankajavalli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL A(MD)SR.NO.12137 of 2023 K.PRATHEEP RAJA ... PETITIONER/3rd PARTY T.KUMAR (DIED) ...APPELLANT/COMPLAINANT Vs 1 PANKAJAVALLI ...1st RESPONDENT/ACCUSED 2 THE STATE REP BY, THE PUBLIC PROSECUTOR KANYAKUMARI DISTRICT.

... 2nd RESPONDENT 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 260 days in representing the return papers in the above Criminal Appeal against the order dated 02.06.2008 made in C.C.No.40 of 2010 on the file of Judicial Magistrate Court, Eraniel.

PRAYER IN CRL A(MD)SR.No. 12137 of 2023:

To call for the records set aside the judgment passed by the Judicial Magistrate Court, Eraniel in C.C.No. 40/2010 dated 13.02.2017 and allow the appeal thereby convicting the 1st respondent/accused.

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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.THAYUMANASWAMY.H, Advocate for the petitioner and of MR.C.KISHORE, Advocate for the 1st Respondent and of MR.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) on behalf of the 2nd Respondent,, the court made the following order:- This Criminal Miscellaneous Petition has been filed to condone the delay of 260 days in filing the Criminal Appeal.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on payment of cost of Rs.1,000/- (Rupees Thousand Only) to the Credit of Women Advocate's Association, Madurai Bench of Madras High Court (Account No:-770357420, IFSC Code:-IDIB000H040, Indian Bank) within a week from the date of receipt of a copy of this order, failing which, this petition stands dismissed automatically without further reference to this Court.

3. List this case on 10.10.2023 for "reporting compliance". sd/- 27/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE JUDICIAL MAGISTRATE, ERANIEL DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE PUBLIC PROSECUTOR KANYAKUMARI DISTRICT.

COPY TO THE OFFICER INCHARGE, WOMEN ADVOCATE'S ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

ORDER

IN in CRL A(MD)SR.NO.12137 of 2023 Date :27/09/2023 PKP/DD/SAR- /05.10.2023/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3