Selvakumar @ Jeyakumar vs The State Rep. By
2021 Latest Caselaw 2672 Mad

                                                                           Crl. R.C.(MD)No.46 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATE : 04.02.2021

                                                     CORAM

                             THE HONOURABLE MRS. JUSTICE R. THARANI

                                           Crl. R.C.(MD)No.46 of 2021

                Selvakumar @ Jeyakumar                                      .. Petitioner

                                                      Vs.
                The State rep. by
                The Inspector of Police,
                Seithunganallur Police Station,
                Thoothukudi District.
                In Crime No.307/2011.                                       .. Respondents


                Prayer : This criminal revision case filed under Section 397 r/w. Section 401 of
                Cr.P.C., to set aside the order, dated 20.07.2020, made in Cr.M.P.No.4986 of
                2019 in unregistered C.A.No.      Of 2019 on the file of the Principal Sessions
                Judge, Thoothukudi, by allowing this criminal revision.
                                    For Petitioner          : Mr.C.K.M.Appaji

                                    For Respondent          : Mrs.S.Bharathi
                                                              Government Advocate

                                                     ORDER

This Criminal Revision Case has been filed to set aside the order,

dated 20.07.2020, made in Cr.M.P.No.4986 of 2019 in unregistered C.A.No. of

2019 on the file of the Principal District and Sessions Judge, Thoothukudi.

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Crl. R.C.(MD)No.46 of 2021

2.The petitioner filed an appeal with a delay of 2435 days and the

delay excuse petition filed by the petitioner in Cr.M.P.No.4986 of 2019 on the

file of the Principal District and Sessions Judge, Thoothukudi and the same was

dismissed by the Principal District and Sessions Judge. Against the same, the

petitioner preferred this Revision.

3.On the side of the revision petitioner, it is stated the revision

petitioner was in custody in some other cases. Four cases were registered

against the petitioner, out of which, the petitioner was convicted, in three of the

case. The petitioner filed a petition under Section 482 Cr.P.C. for deciding

whether the period of imprisonment has to run concurrently or separately.

Without considering that petition, the Principal District and Sessions Judge has

passed the impugned order and prayed the impugned order to be set aside.

4.The learned counsel for the petitioner relied on the Judgment of this

Court in the case of Ravikumar Vs. The Superintendent of Police, Crime

Branch Criminal Investigation, Karur and others in Crl.O.P.(MD)No.24292

of 2015, dated 14.11.2017 is cited,

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Crl. R.C.(MD)No.46 of 2021

5.On the side of the respondent, it is stated that the allegations against

the petitioner are serious in nature. The petitioner was convicted in three cases

and that the delay is not properly explained by the petitioner. Crl.O.P.(MD)No.

12497 of 2017 was already disposed of by this Court on 31.08.2018. Even after

disposal of the petition, the petitioner has taken two years to file this petition and

this delay is not at all explained by the petitioner and prayed the petition to be

dismissed.

6.It is seen that the petitioner was convicted by the Additional

Sessions Judge cum Chief Judicial Magistrate, Thoothukudi in S.C.No.167 of

2012, on 18.01.2013. It is seen that the petitioner was convicted in three cases

and filed a petition under Section 482 Cr.P.C. In Crl.O.P.(MD)No.12497 of

2017, this Court disposed the matter on 31.08.2018 and after 31.08.2018, also

there was a delay in filing this petition. But, considering the fact that the

petitioner is in custody and considering lock down and pandemic situation and

considering the fact that the petitioner has to be given an opportunity to putforth

his case, the delay is condoned and the Criminal Revision Case is allowed.

                                                                                 04.02.2021
                Index    : Yes/No
                Internet : Yes/No
                Ls

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                                                                             Crl. R.C.(MD)No.46 of 2021



                                                                                  R. THARANI, J.

                                                                                                    Ls

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Principal District and Sessions Judge, Thoothukudi.

2.The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl. R.C.(MD)No.46 of 2021

04.02.2021

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