Madras High Court
Unknown vs J.Nagamoorthy @ Nagu on 2 July, 2021
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
Coram
The Honourable Mr. Justice P.N.PRAKASH
and
The Honourable Mr. Justice R.PONGIAPPAN
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
State represented by
The Inspector of Police,
Kotagiri Police Station,
The Nilgiris District.
(Crime No.135 of 2015) .. Petitioner
Vs.
J.Nagamoorthy @ Nagu
S/o.Jothimani,
Door No.87/10, Kerbetta Estate,
Mel Division, Kotagiri,
The Nilgiris District. .. Respondent
Prayer in Crl.M.P.No.5802 of 2021: Criminal Miscellaneous Petition filed
under Section 5 of the Limitation Act, to condone the delay of 1097 days in
filing the appeal against the judgment and order of acquittal dated
14.12.2016 passed in S.C.No.29 of 2016 on the file of the Mahila Sessions
Court, (Fast Track Court), Uthagamandalam.
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
Prayer in Crl.A.No.SR9472 of 2020: Criminal Appeal filed under Section
378(i) Cr.P.C. to set aside the judgment and order dated 14.12.2016 passed
in S.C.No.29 of 2016 on the file of the Mahila Sessions Court, (Fast Track
Court), Uthagamandalam.
For Petitioner : Mr.R.Muniyapparaj
Govt. Advocate (Crl.Side)
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
The petition in Crl.M.P.No.5802 of 2021 has been filed seeking to
condone the delay of 1097 days in filing the appeal against the judgment
and order of acquittal dated 14.12.2016 passed in S.C.No.29 of 2016 on the
file of the Mahila Sessions Court, (Fast Track Court), Uthagamandalam.
2. Challenging the judgment and order of acquittal dated
14.12.2016 passed in S.C.No.29 of 2016 on the file of the Mahila Sessions
Court, (Fast Track Court), Uthagamandalam, the State has filed the above
appeal with an inordinate delay of 1097 days.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
3. Apposite it is to state that the trial Court has acquitted the
accused as early as on 14.12.2016 and the petition in Crl.M.P.No.5802 of
2021 for condonation of delay has been filed only on 03.03.2021. In
paragraph no.2 of the affidavit filed in support of the petition for
condonation of delay, the deponent has stated that he obtained the certified
copy of the trial Court judgment on 05.01.2017 and sent the proposal for
filing an appeal to the Superintendent of Police. Thereafter, the proposal has
been sent to the Government only on 04.02.2020. There is absolutely no
explanation as to where the file was between 14.03.2017 to 04.02.2020.
Under such circumstances, this criminal miscellaneous petition is
dismissed. Consequently, Crl.A.No.SR9472 of 2021 is also dismissed.
(P.N.P.,J.) (R.P.A.,J.)
02.07.2021
nsd
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
P.N.PRAKASH,J.
and
R.PONGIAPPAN,J.
nsd
To
1.The Mahila Sessions Judge,
(Fast Track Court), Uthagamandalam.
2.The Inspector of Police,
Kotagiri Police Station,
The Nilgiris District.
3.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
Crl.M.P.No.5802 of 2021
in Crl.A.No.SR9472 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
