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2021 Supreme(Ker) 1119

SHIRCY V.
A. Soman – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Nikhil Sankar, Adv.
For the Respondent: Smt.T.B.Remani, Adv.

ORDER :

The petitioners are the appellants in Crl.Appl.No.120/2018 on the files of the learned Additional Sessions Judge-VI, Thiruvnananthapuram. They have filed an appeal before the court below with a delay of 1114 days. The court below by a cryptic order dated 24.1.2020 dismissed the application to condone the delay and consequently, the appeal also stands dismissed.

2. Aggrieved by the said order of the court below these petitioners are before this court with this revision petition.

3. Heard the learned counsel for the petitioners as well the learned counsel for the respondents.

4. The records would reveal that the learned Judicial First Class Magistrate-II, Neyyattinkara in M.C.No.53/2012 passed an order in favour of the second respondent herein as early as on 11.3.2015. These petitioners who were the respondents in that case were set exparte. Later, with a petition to condone the delay of 1114 days, the appeal was filed before the Sessions Court and the said petition and the appeal were disposed of by the learned Additional Sessions Judge-VI as stated above.

5. The main grievance projected in this revision petition is that the learned Additional Sessions Judge has not considered th

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