A.Dinakar v. A.Boothalingam Pillai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL RC(MD) No.1137 of 2023 A.DINAKAR ... PETITIONER/REVISION PETITIONER Vs A.BOOTHALINGAM PILLAI ... 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 extend the time to comply with the order passed in Crl.M.P.(MD).14495/2023 in Crl.RC (MD).No.1137 of 2023 dt.13.10.2023 Prayer in CRL MP(MD).14496/2023 :
To Suspend the sentence imposed in C.A.No.151/2017 on the file of the Additional Sessions Judge (Fast Track), Nagercoil dated 07.09.2023 confirming the judgment of conviction passed in C.C.No.136 of 2012 on the file of the Fast Track Court(Magistrate Level)No.1, Nagercoil dated 12.09.2017, and grant bail, pending disposal of the main Criminal revision Petition. Prayer in CRL RC(MD). 1137/ 2023 :
To call for the records and to allow this Criminal Revision Petition and set aside the Judgment of conviction in C.A.No.151 of 2017 on the file of Additional Sessions Judge(Fast Track), Nagercoil dt.07.09.2023 confirming the Judgment of conviction imposed in C.C.No.136/2012 on the file of the Fast Track Court(Magistrate Level) No.1, Nagercoil dated 12.09.2017.
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.APPAJI.C.K.M., Advocate for the petitioner and of MR.P.PUHAZH GANDHI, Advocate on behalf of the Respondent, the court made the following order:- This case has been listed today under the caption 'for extension of time' granted 1/3
in Crl.M.P.(MD) No.14496 of 2023 in Crl.R.C.(MD) No.1137 of 2023 dated 13.10.2023. 2.Learned counsel for the petitioner submitted that this Court has already allowed the Criminal Miscellaneous Petition by order dated 13.10.2023 and directed the petitioner to appear before the Fast Track (Magistrate Level) No.1, Nagercoil. However, the petitioner was required to appear before the learned District Munsif cum Judicial Magistrate, Boothapandy, in compliance of another order passed in Crl.M.P.(MD) No.14495 of 2023 in Crl.R.C.(MD) No.1137 of 2023, to deposit 20% of the cheque amount to the credit of STC.No.136 of 2012 and hence, he could not comply with the order passed in Crl.M.P.(MD) No.14496 of 2023 in Crl.R.C.(MD) No.1137 of 2023.
3. Considering the reasons stated in the affidavit and the nature of grievance of the petitioner, this Court is inclined to grant further time and accordingly, two weeks time is granted to the petitioner to comply with the order passed Crl.M.P.(MD) No.14496 of 2023 in Crl.R.C.(MD) No.1137 of 2023.
4. Accordingly, this petition is modified.
sd/- 24/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN 2/3
TO 1 THE ADDITIONAL SESSIONS JUDGE, (FAST TRACK), NAGERCOIL 2 THE FAST TRACK JUDGE, (MAGISTRATE LEVEL), NAGECOIL. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
COPY TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BOOTHAPANDY.
+1 CC TO MR.C.K.M.APPAJI, ADVOCATE, SR-1123[I] Dated 30/01/2023 ORDER IN in CRL RC(MD) No.1137 of 2023 Date :24/01/2024 RS/JGB/SAR-(29.01.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3