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2022 Supreme(Online)(Mad) 68114
MADRAS HIGH COURT
Honourable Mr Justice P. N. PRAKASH
INSPECTOR OF POLICE – Appellant
Versus
ILANGOVAN – Respondent
CRL MP/12600/2021
The court has the discretion to condone the delay in filing an appeal if the reasons assigned for the delay are satisfactory.
Headnote:
CRIMINAL APPEAL - DELAY IN FILING - CONDONATION - [The court condoned the delay of 84 days in filing the appeal against the judgment and order of acquittal dated 18.10.2019 on the file of the Sessions Court, (Mahila Court), Perambalur District.]
Fact of the Case:
The Inspector of Police, Perambalur Police Station, filed an affidavit in support of the petition for condonation of delay, wherein, in paragraph no.4, he stated that after joining as Inspector of Police, Perambalur Police Station on 11.08.2021, he immediately took up the task, collected all the relevant papers in connection with the filing of the said appeal and appeared before the Learned Public Prosecutor, at the Office of the Public Prosecutor situated at Madras High Court Buildings. Due to Covid-19 lock down, he could not able to reach Chennai for collecting the filing papers in time. On finding the papers to be in order, the Learned Public Prosecutor approved the filing papers and made ready the same on 28.10.2021 before the Madras High Court.
Finding of the Court:
In view of the above and being satisfied with the reasons assigned in the affidavit filed in support of this petition, the delay of 84 days in filing the above appeal is condoned.
Issues: Whether the delay of 84 days in filing the appeal should be condoned?
Ratio Decidendi: The court held that the delay of 84 days in filing the appeal was condoned as the reasons assigned in the affidavit filed in support of the petition were satisfactory.
Final Decision: The criminal miscellaneous petition was allowed and the delay of 84 days in filing the appeal was condoned.
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
P.N.PRAKASH, J.
AND
R.N.MANJULA, J.
(Made by P.N.PRAKASH,J.)
This criminal miscellaneous petition has been filed to condone the delay of
84 days in filing the appeal against the judgment and order of acquittal dated
18.10.2019 on the file of the Sessions Court, (Mahila Court), Perambalur
District.
2.
Pursuant to the order dated 02.12.2021, notice in this petition was
served on all the respondents/accused, as could be seen from the report dated
05.01.2022 that has been sent by the trial Court.
3.
Mr.R.Rajan, learned counsel has entered appearance for Illagovan
(R1), Swamymalai (R2), Manju @ Deepak (R4), Ravikaran (R7), Suresh (R8),
Ranjith (R9) and Vicky @ Vickneshwaran (R10). Mr.A.P.Swamy, learned
counsel has entered appearance for Deeban (R3). Mr.J.Milton Arul Rajendran,
learned counsel has entered appearance for Jeyaprakash (R11).
4.
Though notice has been served and bond under Section 88 Cr.P.C.
has been obtained by the trial Court from Sakthivel (R5) and Sasikaran (R6),
they are neither present before this Court via video conferencing nor have
engaged an Advocate.
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https://www.mhc.tn.gov.in/judis
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
5.
Heard Mr.R.Muniyapparaj, learned Additional Public Prosecutor
appearing for the petitioner/State, Mr.R.Rajan, learned counsel for the
respondents 1, 2, 4, 7 to 10, Mr.A.P.Swamy, learned counsel for the 3rd
respondent and Mr.J.Milton Arul Rajendran, learned counsel for the 11th
respondent.
6.
The learned counsel for the respondents strongly opposed this
petition for condonation of delay and submitted that the petitioner/State has not
given satisfactory reasons for condoning the delay.
7.
It is seen that the Inspector of Police, Perambalur Police Station, has
filed an affidavit in support of this petition for condonation of delay, wherein, in
paragraph no.4, he has stated as follows:
“4.
I humbly submit that, after my joining as
Inspector of Police, Perambalur Police Station on
11.08.2021. I have immediately took up this task, collected
all the relevant papers in connection with the filing of the
said appeal and appeared before the Learned Public
Prosecutor, at the Office of the Public Prosecutor situated at
Madras High Court Buildings. Due to Covid-19 lock down,
I could not able to reach Chennai for collecting the filing
papers in time. On finding the papers to be in order, the
Learned Public Prosecutor approved the filing papers and
made ready the same on 28.10.2021 before the Madras
High Court.”
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https://www.mhc.tn.gov.in/judis
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
8.
In view of the above and being satisfied with the reasons assigned in
the affidavit filed in support of this petition, the delay of 84 days in filing the
above appeal is condoned.
Accordingly, this criminal miscellaneous petition stands allowed. The
Registry shall number the leave petition before numbering the appeal, if the same
is otherwise in order and print the names of Mr.R.Rajan, learned counsel for the
respondents 1, 2, 4, 7 to 10, Mr.A.P.Swamy, learned counsel for the 3rd
respondent and Mr.J.Milton Arul Rajendran, learned counsel for the 11th
respondent, in the cause list.
(P.N.P.,J.) (R.N.M.,J.)
12.01.2022
nsd
To
1.The Sessions Judge, (Mahila Court),
Perambalur District.
2.The Inspector of Police,
Perambalur Police Station,
Perambalur District.
3.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
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https://www.mhc.tn.gov.in/judis
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
P.N.PRAKASH, J.
AND
R.N.MANJULA, J.
nsd
Crl.M.P.No.12600 of 2021
in Crl.A.No.SR39153 of 2021
12.01.2022
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https://www.mhc.tn.gov.in/judis
