The Deputy Commissioner (City) ... vs Venkatadurga Sesha Babu

Citation : 2022 Latest Caselaw 14817 Mad
Judgement Date : 5 September, 2022

Madras High Court
The Deputy Commissioner (City) ... vs Venkatadurga Sesha Babu on 5 September, 2022
                                                                           Crl.M.P.No.17170 of 2019
                                                                    and Crl.R.C.SR.No.55084 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.09.2022

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                            Crl.M.P.No.17170 of 2019
                                                      and
                                           Crl.R.C.SR.No.55084 of 2019


                     State Rep.by
                     1.The Deputy Commissioner (City) North,
                       Civil Supplies and Consumer Protection Department,
                       Ezhilagam, Annexure Building,
                       4th Floor, Chepauk, Chennai -5.

                     2.The Assistant Commissioner,
                       Civil Supplies and Consumer Protection Department,
                       Perambur Zone, Chennai – 11.

                     3.The Inspector of Police,
                       Civil Supplies C.I.D.North Unit,
                       Chennai -10.                                          .. Petitioners

                                                          .Vs.

                     1.Venkatadurga Sesha Babu
                     2.P.Gajendran                                           .. Respondents

                              Criminal Miscellaneous Petition filed under Section 5 of the
                     Limitation Act, to condone the delay of 1475 of days in preferring the
                     Criminal Revision case against the judgment passed by the Court of the


https://www.mhc.tn.gov.in/judis
                     Page No.1/4
                                                                                Crl.M.P.No.17170 of 2019
                                                                         and Crl.R.C.SR.No.55084 of 2019

                     learned Principal Sessions Judge, City Civil Court, Chennai in
                     Crl.A.No.256 of 2006 dated 24.7.2015.

                                  For Petitioners        :     Mr.S.Sugendran
                                                               Additional Public Prosecutor

                                  For Respondents        :     Not ready notice.


                                                         ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 1475 days in filing the above Criminal Revision Case against the judgment dated 24.7.2015 made in Crl.A.No.256 of 2006 by the learned Principal Sessions Judge, City Civil Court, Chennai.

2.On 22.11.2019, though notice through Court and privately was ordered, service was not yet completed. Again on 17.02.2022, this Court ordered fresh notice through Court and privately and also directed the petitioner to take notice to the learned counsel for the respondents before the appellate Court. However, service is not yet competed. Again on 01.07.2022, 25.07.2022 and 12.08.2022, this Court ordered fresh notice through Court and privately.

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3. When the matter is taken up for hearing, it is seen that service is not yet completed. The petitioners/Police have not taken any steps to take private notice on the respondents, which would only show the lethargic attitude of the Department. Further, they are one way or the other helping the accused without even taking notice to them.

4.Since the matter is pending from 2019 and still it is pending for service of notice, this miscellaneous petition in Crl.M.P.No.17170 of 2019 is dismissed for default. Consequently, the Criminal Revision Case in Crl.R.C.Sr.No.55084 of 2019 stands rejected at the S.R. stage itself.

05.09.2022 ms Index: Yes/No Speaking Order/Non Speaking Order To The Principal Sessions Judge, City Civil Court, Chennai.

https://www.mhc.tn.gov.in/judis Page No.3/4 Crl.M.P.No.17170 of 2019 and Crl.R.C.SR.No.55084 of 2019 P.VELMURUGAN, J.

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