Madras High Court
The Deputy Commissioner (City) ... vs Venkatadurga Sesha Babu on 5 September, 2022
Crl.M.P.No.17170 of 2019
and Crl.R.C.SR.No.55084 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.M.P.No.17170 of 2019
and
Crl.R.C.SR.No.55084 of 2019
State Rep.by
1.The Deputy Commissioner (City) North,
Civil Supplies and Consumer Protection Department,
Ezhilagam, Annexure Building,
4th Floor, Chepauk, Chennai -5.
2.The Assistant Commissioner,
Civil Supplies and Consumer Protection Department,
Perambur Zone, Chennai – 11.
3.The Inspector of Police,
Civil Supplies C.I.D.North Unit,
Chennai -10. .. Petitioners
.Vs.
1.Venkatadurga Sesha Babu
2.P.Gajendran .. Respondents
Criminal Miscellaneous Petition filed under Section 5 of the
Limitation Act, to condone the delay of 1475 of days in preferring the
Criminal Revision case against the judgment passed by the Court of the
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Crl.M.P.No.17170 of 2019
and Crl.R.C.SR.No.55084 of 2019
learned Principal Sessions Judge, City Civil Court, Chennai in
Crl.A.No.256 of 2006 dated 24.7.2015.
For Petitioners : Mr.S.Sugendran
Additional Public Prosecutor
For Respondents : Not ready notice.
ORDER
This Civil Miscellaneous Petition has been filed to condone the
delay of 1475 days in filing the above Criminal Revision Case against the
judgment dated 24.7.2015 made in Crl.A.No.256 of 2006 by the learned
Principal Sessions Judge, City Civil Court, Chennai.
2.On 22.11.2019, though notice through Court and privately was
ordered, service was not yet completed. Again on 17.02.2022, this Court
ordered fresh notice through Court and privately and also directed the
petitioner to take notice to the learned counsel for the respondents before
the appellate Court. However, service is not yet competed. Again on
01.07.2022, 25.07.2022 and 12.08.2022, this Court ordered fresh notice
through Court and privately.
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Crl.M.P.No.17170 of 2019
and Crl.R.C.SR.No.55084 of 2019
3. When the matter is taken up for hearing, it is seen that service is
not yet completed. The petitioners/Police have not taken any steps to take
private notice on the respondents, which would only show the lethargic
attitude of the Department. Further, they are one way or the other helping
the accused without even taking notice to them.
4.Since the matter is pending from 2019 and still it is pending for
service of notice, this miscellaneous petition in Crl.M.P.No.17170 of
2019 is dismissed for default. Consequently, the Criminal Revision Case
in Crl.R.C.Sr.No.55084 of 2019 stands rejected at the S.R. stage itself.
05.09.2022
ms
Index: Yes/No
Speaking Order/Non Speaking Order
To
The Principal Sessions Judge,
City Civil Court, Chennai.
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Crl.M.P.No.17170 of 2019
and Crl.R.C.SR.No.55084 of 2019
P.VELMURUGAN, J.
ms
Crl.M.P.No.17170 of 2019
and
Crl.R.C.SR.No.55084 of 2019
05.09.2022
https://www.mhc.tn.gov.in/judis
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