Madras High Court
Rathinasamy vs State Represented By on 28 June, 2021
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2021
Coram
The Honourable Mr. Justice P.N.PRAKASH
and
The Honourable Mr. Justice R.PONGIAPPAN
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
Rathinasamy,
S/o.Vellaisamy Goundar,
Central Prison (Convict),
Coimbatore – 18. .. Petitioner
Vs.
State represented by
The Inspector of Police,
Alankiyam Police Station,
Erode District.
(Crime No.232/2006) .. Respondent
Prayer in Crl.M.P.No.5821 of 2021: Criminal Miscellaneous Petition filed
under Section 5 of the Limitation Act, to condone the delay of 4521 days in
filing the appeal against the judgment and order of acquittal dated
30.08.2007 passed in S.C.No.34 of 2007 on the file of the Additional
District and Sessions Court (Fast Track Court No.III), Dharapuram, Erode
District, now Tiruppur District.
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
Prayer in Crl.A.No.SR38163 of 2020: Criminal Appeal filed under Section
378(i) Cr.P.C. to set aside the judgment and order of acquittal dated
30.08.2007 passed in S.C.No.34 of 2007 on the file of the Additional
District and Sessions Court (Fast Track Court No.III), Dharapuram, Erode
District, now Tiruppur District.
For Petitioner : Mr.S.Murugan
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
The petition in Crl.M.P.No.5821 of 2021 has been filed seeking to
condone the delay of 4521 days in filing the appeal against the judgment
and order of acquittal dated 30.08.2007 passed in S.C.No.34 of 2007 on the
file of the Additional District and Sessions Court (Fast Track Court No.III),
Dharapuram, Erode District, now Tiruppur District.
2. On 04.06.2021, this Court passed the following order:
“Mr.J.C.Durairaj, learned Government Advocate
(Crl.Side) takes notice for the respondent.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
2. The Registry is directed to call for a report from
the Additional District and Sessions Court (Fast Track Court
No.III), Dharapuram, as to whether the records and material
objects are available in S.C.No.34 of 2007. The Registry
shall also verify if the appellant herein has filed any appeal
challenging his conviction and sentence in S.C.No.34 of
2007 and place a report before this Court on 28.06.2021.
Post the matter on 28.06.2021.”
2. Pursuant to our direction, the Registry has placed an office
note, which reads as under:
“On verification, it is respectfully submitted that the
petitioner viz., Rathinasamy, in the above said case has
preferred an appeal in Crl.A.No.832/2007 before this Hon'ble
Court challenging the conviction and sentence in S.C.No.34
of 2007 on the file of the Additional District and Sessions
Court (Fast Track Court No.III), Dharapuram, Erode District
and the same has been disposed of (Partly allowed) by this
Hon'ble Court on 06.07.2009.”
3. On reading of the office note, it shows that an appeal has been
filed by the appellant herein through some other counsel in C.A.No.832 of
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
2007, which has been disposed of by this Court on 06.07.2009.
Under such circumstances, this criminal miscellaneous petition is
dismissed. Consequently, Crl.A.No.SR38163 of 2020 is also dismissed.
(P.N.P.,J.) (R.P.A.,J.)
28.06.2021
nsd
To
1.The Additional District and Sessions Judge,
(Fast Track Court No.III),
Dharapuram, Erode District.
2.The Judicial Magistrate,
Dharapuram.
3.The Inspector of Police,
Alankiyam Police Station,
Erode District.
4.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
P.N.PRAKASH,J.
and
R.PONGIAPPAN,J.
nsd
Crl.M.P.No.5821 of 2021
in Crl.A.No.SR38163 of 2020
28.06.2021
https://www.mhc.tn.gov.in/judis/
