Madras High CourtCRL MP(MD)/9174/2019allowed

Sivalingam, S/O.Panchupazham @ Neelakanda Nadar v. The Inspector Of Police

2019-12-19Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.M.P(MD)No.9174 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI Crl.M.P(MD)No.9174 of 2019 in Crl.RC(MD)SR.No.29558 of 2019 SIVALINGAM ... PETITIONER/PETITIONER/SOLE-ACCUSED Vs THE STATE OF TAMILNADU, REP.BY THE INSPECTOR OF POLICE VADASERI POLICE STATION, NAGERCOIL, (CRIME NO.44 OF 2005 ) ... 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 1077 days to file the above criminal revision petition against judgment of the conviction and sentence passed in CA No.90 of 2007 dated 21.06.2016 on the file of the Sessions Judge Fast Track Mahila Court, Nagercoil. PRAYER IN Crl.

RC(MD)SR.No.29558 of 2019 Pleased to call for the records of the impugned judgment passed in C.A.No.90/2007 dated 21.06.2016 on the file of the Hon'ble Sessions Judge Fast Track Mahila Court, Nagercoil confirming the judgment passed in S.C.No.220/2005 dated 31.05.2007, on the file of the Learned Assistant Sessions Judge/Chief Judicial Magistrate, Nagercoil on the file of the Learned Judicial Magistrate No.II, Nagercoil and set aside the same.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.K.VAMANAN, Advocate for the petitioner and of Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This Petition has been filed to condone the delay of 1077 days in representing the Crl.RC(MD)SR.No.29558 of 2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.M.P(MD)No.9174 of 2019 2.Heard both side.

3.Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.Side) 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.2000/- (Rupees Two Thousand only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of two weeks 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/- 19/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, NAGERCOIL.

2 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL. 3 -DO-THRO-THE ASSISTANT SESSIONS JUDGE /CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4 THE INSPECTOR OF POLICE, VADASERI POLICE STATION, NAGERCOIL 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

Copy To: THE SECTION OFFICER,ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER IN Crl.M.P(MD)No.9174 of 2019 in Crl.RC(MD)SR.No.29558 of 2019 Date :19/12/2019 DSS ES/PN/SAR 3/02.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2