Madras High Court
K.M.C.Stephen vs The State Of Tamil Nadu on 27 June, 2023
Crl.M.P.(MD)No.2255 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.M.P.(MD)No.8918 of 2023
in Crl.R.C.(MD) SR. No.2345 of 2023
and Crl.R.C.(MD) SR. No.2345 of 2023
and Crl.M.P.(MD)No.2255 of 2023
K.M.C.Stephen ... Petitioner/Petitioner
vs.
1.The State of Tamil Nadu,
represented by the Public Prosecutor,
Nagercoil.
2.T.Thanislaus ... Respondents/Respondents
PRAYER in Crl.M.P.(MD)No.8918 of 2023 : Criminal Miscellaneous
Petition filed under Section 482 Cr.P.C., to extend the time in Crl.M.P.
(MD)No.7862 of 2023 in Crl.M.P.(MD)No.5929 of 2023 in Crl.M.P.
(MD)No.2255 of 2023 in Crl.R.C.(MD)SR.No.2345 of 2023 for a period
of 2 months for depositing a sum of Rs.1,00,000/- before the trial Court.
PRAYER in Crl.R.C.(MD) SR. No.2345 of 2023 : Criminal Revision
filed under Sections 397 and 401 of Criminal Procedure Code, to call for
records and set aside the judgment and conviction dated 26.08.2022 made
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Crl.M.P.(MD)No.2255 of 2023
in C.A.No.9 of 2010 on the file of the learned Additional District and
Sessions Judge, Padmanabhapuram, by which confirming the judgment
and conviction order in C.C.No.305 of 2006 on the file of the learned
Judicial Magistrate, Padmanabhapuram, dated 21.01.2010 and acquit the
petitioner/accused.
For Petitioner/Petitioner : Mr.N.Madhava Govindan
in both cases
For R1 in both cases : Mr.A.Albert James
Government Advocate (Crl. Side)
For R2 in both cases : Mr.E.V.N.Siva
COMMON ORDER
This Criminal Miscellaneous Petition has been filed seeking orders
to extend the time in Crl.M.P.(MD)No.7862 of 2023 in Crl.M.P.(MD)No.
5929 of 2023 in Crl.M.P.(MD)No.2255 of 2023 in Crl.R.C.(MD)SR.No.
2345 of 2023 for a period of 2 months for depositing a sum of
Rs.1,00,000/- before the trial Court.
2. It is seen from the records that this Court, considering the
submissions made on either sides, has passed a conditional order in
Crl.M.P.(MD)No.2255 of 2023 directing the petitioner to deposit a sum of
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Crl.M.P.(MD)No.2255 of 2023
Rs.1,00,000/- before the trial Court on or before 11.04.2023 to condone
the delay. Since the petitioner has not complied with the order, the
petitioner has filed an extension petition in Crl.M.P.(MD)No.5929 of 2023
and this Court, vide order dated 12.04.2023, has extended the time till
05.06.2023. Again the petitioner has not complied with the order and filed
an extension petition in Crl.M.P.(MD)No.7862 of 2023 and this Court,
vide order dated 06.06.2023, has extended the time till 19.06.2023 and
thereafter also the petitioner has not complied with the order and filed the
above extension petition for the third time.
3. When the matter was taken up for hearing on 26.06.2023, the
learned counsel appearing for the petitioner submitted that the matter is
settled between the parties, but the same was disputed by the learned
counsel appearing for the second respondent and adjourned the matter on
27.06.2023 i.e., today.
4. When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner would submit that the parties had not
turned up. The learned counsel appearing for the second respondent would
submit that the petitioner has not complied with the order.
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Crl.M.P.(MD)No.2255 of 2023
5. Despite of sufficient opportunity being given to the petitioner, the
petitioner has not complied with the order of this Court. Hence, this Court
is not inclined to grant any further time. Accordingly, this criminal
miscellaneous petition is dismissed. Consequently, Crl.R.C.(MD)SR.No.
2345 of 2023 is rejected at SR stage itself and connected Miscellaneous
Petition in Crl.M.P.(MD)No.2255 of 2023 is closed.
27.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
csm
To
1.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.M.P.(MD)No.2255 of 2023
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Crl.M.P.(MD)No.2255 of 2023
K.MURALI SHANKAR, J.
csm
Crl.M.P.(MD)No.8918 of 2023
in Crl.R.C.(MD) SR. No.2345 of 2023
and Crl.R.C.(MD) SR. No.2345 of 2023
and Crl.M.P.(MD)No.2255 of 2023
Dated : 27.06.2023
https://www.mhc.tn.gov.in/judis
