J. Jayaprakash v. T. Arunmuthuvelan

Crl.M.P(MD)No.9840 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirty First day of January Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI Crl.M.P(MD)No.9840 of 2019 in Crl.A(MD)SR.No.29240 of 2019 J. JAYAPRAKASH ... PETITIONER/APPELLANT Vs T. ARUNMUTHUVELAN ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the delay of 72 days in filing the criminal appeal against the judgment in CA No.10 of 2015 dated 30.04.2019 confirming the conviction and sentence passed in judgment in STC No.361 of 2013 dated 07.02.2015 on the file of the Judicial Magistrate, Sivakasi. PRAYER IN Crl.A(MD)SR.No.29240 of 2019:- To call for the records relating to the Judgment passed i n C.A.

No.10 of 2015 dated 30.04.2019 on the file of the Hon'ble District and Sessions Judge, Virudhunagar District at Srivilliputhur reversing the order of the Learned Judicial Magistrate, Sivakasi in S.T.C.No.361 of 2013 dated 07.02.2015 and convict the 1st respondent and set aside the same and allow the Revision. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. M. KANNAN, Advocate for the petitioner and of Mr.V.SASIKUMAR, Advocate on behalf of the Respondent, the court made the following order:- This Petition has been filed to condone the delay of 72 days in filing the Criminal Appeal against the judgment in C.A.No.10 of 2015 dated 30.04.

2019 passed by the learned Principal District and Sessions Court, Virudhunagar District, confirming the conviction and sentence in S.T.C.No.361 of 2013 in S.C.No.361 of 2013 dated 07.02.2013 passed by the learned Judicial Magistrate, Sivakasi. 2.Heard both side.

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Crl.M.P(MD)No.9840 of 2019 3.Mr.V.Sasikumar, learned counsel for the respondent has strong objection for allowing this petition.

4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on payment of Rs.500/- (Rupees Five hundred only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court.

sd/- 31/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2. THE JUDICIAL MAGISTRATE, SIVAKASI.

3. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.9840 of 2019 in Crl.A(MD)SR.No.29240 of 2019 Date :31/01/2020 dss AE/PN/SAR-III (05.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2