S.Babu @ Balavadivel v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH in Crl.R.C.(MD) SR No.44107 of 2023 and Crl.R.C.(MD) SR No.44107 of 2023 S.Babu @ Balavadivel

...Petitioner

Vs.

1.The State rep. by The Deputy Superintendent of Police, Crime Branch CID, Tirunelveli.

(Crime No.40 of 2006 on the file of the N.I.B.C.I.D., Thoothukudi)

...Respondent

2.V.Nallakani

...Respondent/

Pardon holder 3.J.M.John Paul @ J.J.Mannan 4.P.K.Muthukumar 5.Rajamanickam @ J.T.Rajkumar 1/5

6.S.Gandhi 7.A.Stephen Louis Selvaraj

...Respondents

Prayer in Crl.M.P(MD).No.554 of 2024: This petition is filed under Section 5 of the Limitation Act, to condone the delay of 5013 days in preferring the above Criminal Revision against the order in Cr.M.P.No. 1681 of 2007 dated 17.12.2007.

Prayer in Crl.R.C.(MD) No.44107 of 2023 : Criminal Revision Case has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the entire records passed in Cr.M.P.No.1681 of 2007 dated 17.12.2007 on the file of the learned Judicial Magistrate, Thoothukudi. For Petitioner : Mr.S.Balaji For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R1

O R D E R

Heard Mr.S.Balaji, learned counsel for the petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the first respondent.

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2.This Criminal Miscellaneous Petition has been filed to condone the delay of 5013 days in filing the Criminal Revision against the order in Cr.M.P.No.1681 of 2007 dated 17.12.2007.

3. On perusal of the affidavit filed in support of this petition, this Court finds that there is no sufficient cause shown by the petitioner for condonation of the inordinate delay of 5013 days. It is found that the petitioner herein along with other accused have filed multiple of petitions to drag the trial proceedings and the same was also dismissed by the trial Court.

4. By considering all these aspects, this Court is not inclined to condone the delay of 5013 days and accordingly, this petition stands dismissed. Consequently, connected Crl.R.C(MD).SR.No.44107 of 2023 is also rejected at the SR stage itself.

27.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes / No 3/5

PKN To 1.The Deputy Superintendent of Police, Crime Branch CID, Tirunelveli.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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VIVEK KUMAR SINGH, J.

PKN 27.02.2024 5/5