Madras High Court
Sathish vs The State on 23 March, 2022
Crl.R.C.No.290 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.No.290 of 2022
Sathish ... Petitioner
versus
The State,
Rep. by the Inspector of Police,
North Police Station,
Tiruppur, Tiruppur District. ... Respondent
(Crime No.729 of 2014)
PRAYER: Criminal Revision Petition has been filed under Section 397 r/w
401 of the Code of Criminal Procedure, praying to set aside the order dated
08.04.2021 made in Cr.M.P.No.874 of 2020 on the file of the learned
Principal Sessions Judge, Tiruppur.
For Petitioner : M/s.B.Kavya
For Respondent : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl.Side)
1/6
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Crl.R.C.No.290 of 2022
ORDER
Being dissatisfied with the order dated 08.04.2021 made in
Cr.M.P.No.874 of 2020 passed by the learned Principal Sessions Judge,
Tiruppur, the petitioner, who is arrayed as an accused in C.C.No.606 of
2014 on the file of the learned Judicial Magistrate No.I, Tiruppur, has
prepared this Criminal Revision Case wherein he prayed to set aside the
order dated 08.04.2021 and to condone the delay of 485 days in filing the
appeal as against the judgment dated 17.09.2018 passed by the learned
Judicial Magistrate No.I, Tiruppur.
2. The petitioner is arrayed as an accused in C.C.No.606 of
2014. The case has been registered alleging that the petitioner committed
the offences punishable under Sections 294(b) and 332 of IPC. After
elaborate trial, the learned Judicial Magistrate No.I, Tiruppur, by judgment
dated 17.09.2018 convicted the accused and sentenced to undergo one
month Simple Imprisonment for the offence punishable under Section
294(b) of IPC and further convicted the accused and sentenced to undergo
one year Rigorous Imprisonment for the offence punishable under Section
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Crl.R.C.No.290 of 2022
332 of IPC. Challenging the same, the petitioner is intended to file an
appeal. But due to the reason that the said appeal has not been filed within a
period of limitation, he has preferred Cr.M.P.No.874 of 2020 before the
learned Principal Sessions Judge, Tiruppur.
3. The learned Principal Sessions Judge, Tiruppur, by order
dated 29.03.2021 allowed the said petition with condition that the petitioner
has to deposit Rs.2,000/- before the District Legal Services Authority,
Tiruppur, on or before 07.04.2021. But the said condition has not been
complied with. Hence, on 08.04.2021, the petition filed by the petitioner
under Section 5 of Limitation Act, to condone the delay of 485 days in
filing the appeal was dismissed by citing the reason as 'costs not paid'.
4. Challenging the same, the petitioner is before this Court
with the present Criminal Revision Case.
5. Today, when this Revision Case is taken up for hearing,
the learned counsel appearing for the revision petitioner would submit that,
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Crl.R.C.No.290 of 2022
now, the petitioner has deposited Rs.2,000/- before the District Legal
Services Authority, Tiruppur. He would further submit that since the
petitioner herein preferred an appeal as against the order of conviction, it
would necessary to consider the prayer sought for by the petitioner with
leniently, by way of setting aside the said order and to condone the delay of
485 days in filing the appeal.
6. Now, on considering the said submissions with the
relevant records, it is true that the petitioner has filed the appeal wherein he
challenges the order of conviction. Further, as of now, the condition
imposed by the learned Principal Sessions Judge, Tiruppur, has also been
complied with. Being the reason that the appeal is against the order of
conviction, if this Revision Case is dismissed, through which the petitioner
loses the right to file an appeal. Accordingly, considering the facts and
circumstances of the case, this Court is inclined to allow this Revision Case.
7. Resultantly, this Criminal Revision Case is allowed and
the order dated 08.04.2021 passed by the learned Principal Sessions Judge,
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Crl.R.C.No.290 of 2022
Tiruppur, is set aside. The delay of 485 days in filing the appeal as against
the judgment passed in C.C.No.606 of 2014 dated 17.09.2018, is condoned.
23.03.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
To
1.The Principal Sessions Judge,
Tiruppur.
2.The Judicial Magistrate No.I,
Tiruppur.
3.The Inspector of Police,
North Police Station,
Tiruppur, Tiruppur District.
4.The Public Prosecutor,
High Court, Madras.
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Crl.R.C.No.290 of 2022
R.PONGIAPPAN, J.
sri
Crl.R.C.No.290 of 2022
23.03.2022
https://www.mhc.tn.gov.in/judis
