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Madras High CourtCRL MP(MD)/13034/2023allowed on condition

Aboob Ashok Nair v. The Sub Inspector Of Police

2023-10-17Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD)SR.No. 32469 of 2023 ABOOB ASHOK NAIR ... PETITIONER/PETITIONER Vs 1 THE SUB INSPECTOR OF POLICE KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.532/2021.

2 ESAKKIMUTHU ... RESPONDENTS/RESPONDENTS 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 310 days in filing the Criminal Revision Petition against the order passed in Crl.M.P.No.1724/2022 on the file of Judicial Magistrate at Ambasamudram and the same was dismissed on 19.07.2022.

PRAYER IN CRL RC(MD)SR.NO.32469 of 2023:

To allow the criminal revision and set aside the order passed by the Judicial Magistrate, Ambasamudram in Cr.M.P.No.1724/2022 dated 19.07.2022. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of 1/4

M/S.SUNIL KUMAR.R., Advocate for the petitioner and of MR.S.MANIKANDAn, Government Advocate (Criminal Side) on behalf of the 1st Respondent and the 2nd Respondent not appearing either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 310 days in filing the Criminal Revision Case before this Court.

2. Heard the learned counsel appearing for the petitioner and Mr.Manikandan, learned Government Advocate (Crl. Side) appearing for the respondent police and also perused the materials available on record.

3. The second respondent's name has been printed in the cause list.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police has raised only the formal objections.

5. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the petition, this Court is inclined to allow this petition on payment of cost.

6. This petition is allowed on condition that the petitioner to pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of two weeks from the date of receipt of a copy of this order.

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7. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 17/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

THE SUB INSPECTOR OF POLICE KALLIDAIKURICHI POLICE STATION, TIRUNELVELI DISTRICT.

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

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COPY TO THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN in CRL RC(MD)SR.No. 32469 of 2023 Date :17/10/2023 PKP/VRS/SAR- /26.10.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4