Madras High Court
Pappathi vs State: Inspector Of Police on 18 February, 2021
Crl.M.P.(MD)No.5902 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.M.P.(MD)No.5902 of 2020
and
Crl.A.(MD)No.SR22603 of 2020
Pappathi ... Petitioner
Vs.
1.State: Inspector of Police,
Sholavandan Police Station,
Madurai District
(Crime No.2 of 2015)
2.Jeyaraman
3.Amutha
4.Muthuraja
5.Seethalakshmi
6.Veeman
7.Pandi ... Respondents
PRAYER in Crl.M.P.(MD)No.5902 of 2020: Criminal Miscellaneous Petition
filed under Section 5 of Limitation Act, to condone the delay of 24 days in filing
the Criminal Appeal, against the judgment in C.C.No.748 of 2019, dated
11.12.2019, on the file of the Judicial Magistrate, Vadipatti.
1/4
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Crl.M.P.(MD)No.5902 of 2020
PRAYER in Crl.A.(MD)No.SR22603 of 2020: Criminal Revision Case filed
under Section 378 (4) Cr.P.C., to call for the records in C.C.No.748 of 2019, on
the file of the Judicial Magistrate, Vadipatti, dated 11.12.2019 and to set aside
the same.
For Petitioner : Mr.T.A.Ebenezer
For Respondents : Mrs.S.Bharathi
Government Advocate for R1
: Mr.P.Manimaran for R2 to R7
ORDER
This petition has been filed to condone the delay of 24 days in filing
the Criminal Appeal, against the judgment in C.C.No.748 of 2019, dated
11.12.2019, on the file of the Judicial Magistrate, Vadipatti.
2.On the side of the petitioner, it is stated that the appeal may be
remanded to the Sessions Court under section 401(5) Cr.P.C.
3.On the side of the respondent, it is stated that the appeal has to be
filed only before the Sessions Court under Section 372 I.P.C. and cannot be
converted as an appeal by this Court.
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Crl.M.P.(MD)No.5902 of 2020
4. In view of the submission made by both side counsel, the
petitioner is directed to file an appeal before the Sessions Court. The concerned
Sessions Court is directed to consider the period of pendency of this petition
before this Court while deciding the question of delay.
5. With the above directions, the Criminal Miscellaneous Petition is
disposed of. Consequently, connected Crl.A.(MD)No.SR22603 of 2020 is closed
at the SR stage itself.
18.02.2021
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.
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Crl.M.P.(MD)No.5902 of 2020
R.THARANI, J.
Ls
To
1.The Judicial Magistrate,
Vadipatti.
2.The Inspector of Police,
Sholavandan Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
4.The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
Crl.M.P.(MD)No.5902 of 2020
and
Crl.A.(MD)No.SR22603 of 2020
18.02.2021
http://www.judis.nic.in
