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Madras High CourtCRL MP(MD)/17099/2023allowed

Samuthirakani v. Muniyaraj

2024-04-10Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN Crl.M.P.(MD).No.17099 of 2023 in Crl.A.(MD).SR.No.45418 of 2023 SAMUTHIRAKANI ... PETITIONER/APPELLANT Vs MUNIYARAJ ... RESPONDENT/RESPONDENT 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 579 days in preferring the Criminal Appeal as against acquittal order Under section 256 of Cr.P.C. made in C.C.No.375 of 2021 dt.16.11.2021 on the file of the Learned Judicial Fast Track Magistrate, Srivilliputtur. Prayer in CRL.A(MD)SR.No.45418/2023:

Pleased to call for the records relating to the impugned Order made in C.C.No.375 of 2021 dated 16.11.2021 on the file of the Learned Judicial Fast Track Magistrate, Srivilliputtur under Section 256 of Cr.P.C. by acquitting the respondent/accused and set aside the same as illegal by allowing the Appeal. 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 Mr.T.VEERAKUMAR, Advocate for the petitioner and none appeared for the 1/3

Respondent side either in person or by an advocate, on behalf of the Respondents the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 579 days in filing the above Criminal Appeal.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the petition is allowed on condition that the petitioner shall pay a sum of Rs.2,000/- (Rupees Two Thousand only) within a period of two weeks from the date of receipt of a copy of this order to the account opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, in the Indian Bank, High Court Branch, Madurai, for donating law books to a Separate Section in the name of "Madurai Bench of Madras High Court" Eco fund.

3. List this case on 25.04.2024 "for reporting compliance". sd/- 10/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN TO 1 THE JUDICIAL FAST TRACK MAGISTRATE, SRIVILLIPUTTUR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

COPY TO:

1 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-4340[I] dated 12/04/2024 )

ORDER

IN Crl.M.P.(MD).No.17099 of 2023 in Crl.A.(MD).SR.No.45418 of 2023 Date :10/04/2024 SA/GS/SAR. /16.04.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3