Gengavan v. Rajendran

in Crl.A(MD)SR.No.13007 of 2025 N.MALA, J.

This petition has been filed to condone the delay of 217 days in representing the above criminal appeal against the judgement in STC.No.102 of 2019, dated 02.12.2024 on the file of the learned District Munsif Cum Judicial Magistrate, Srirangam. 2.The Hon'ble Supreme Court, vide order dated 02.01.2025, in SLP.[Crl.].No.18045/2024, in the case of Mahesh Singh Banzara Vs. State of Madhya Pradesh, following its earlier judgment, in the case of Dilip S.Dahanukar Vs. Kotak Mahindra Co. Ltd [2007 [6] SCC 528], held that the right to appeal, particularly, when it concerns the liberty of the individual, is a fundamental right under Article 21 of the Constitution of India and that the High Court, while dismissing the appeal solely on the ground of delay, was bound to examine the reasons for the delay.

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3.Being satisfied with the reasons stated in the affidavit and in the light of the aforesaid judgment of the Hon'ble Supreme Court, this Court is inclined to condone the delay of 217 days, giving an opportunity to the petitioner to contest the statutory appeal on merits. 4.Accordingly, the delay of 217 days in representing the criminal appeal is condoned. The petition is ordered. Registry is directed to number the appeal, if it is otherwise in order and list the case for admission.

06.01.2026 sn 2/3

N.MALA, J., sn in Crl.A(MD)SR.No.13007 of 2025 06.01.2026 3/3