Bhuvaneswari v. C.Thillainathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL A(MD) SR No.35556 of 2023 BHUVANESWARI ... Petitioner / Appellant / Complainant Vs C.THILLAINATHAN ... Respondent / Respondent / Accused 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 136 days for filling appeal as against the order of acquittal passed in S.T.C No. 119 of 2022 on the file of the Judicial Magistrate (Fast Track Court) Pattukottai, Thanjavur District, dated 28.02.2023. Prayer in CRL A(MD) SR No.35556 of 2023:

To call for the records aside the judgment of acquittal dated 28.02.2023 made in S.T.C.No.119 of 2022 on the files of the Judicial Magistrate (Fast Track Court), Pattukkottai, Thanjavur District and convict the respondent. 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 M/S.JAYAHANDRAN.S, Advocate for the petitioner and of Mr.V.PALPANDI, Advocate on behalf of the Respondent, the court made the following order:- This Petition is filed to condone the delay of 136 days in filing the Criminal Appeal before this Court.

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2. The learned counsel for the petitioner as well as the learned counsel for the respondent are present before this Court.

3. The learned counsel for the respondent has raised the formal objections.

4. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondent and also perused the materials placed before this Court.

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 136 days in preferring the Criminal Appeal is condoned on payment of costs of Rs.1,000/-(Rupees Thousand only), by the petitioner to the respondent within a period of two weeks from today (i.e) on 31.10.2023, failing which, this petition shall stand dismissed automatically without further reference to this Court. Accordingly, this Criminal Miscellaneous Petition is allowed.

6. If such payment of costs being made within time stipulated by this Court, Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the same for admission in the usual course. sd/- 31/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate (Fast Track Court), Pattukkottai.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL A(MD) SR No.35556 of 2023 Date :31/10/2023 ED/JGB/SAR- (03/11/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3