The single-judge court dismissed a belated petition filed under Section 482 Cr.P.C seeking extension of time to pay Rs. 1,000/- to the Legal Services Committee, finding the petitioner presented no effective steps and filed too late.
Extension of time to pay Rs. 1000/- dismissed; petition liable to be dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Crl.M.P.No.4990 of 2017 and Crl.O.P.No.1406 of 2017
T.MATHIVANAN.J.,
This Court, while allowing the Crl.O.P.No.1406 of
2017, had proceeded to set aside the impugned order dated 28.11.2016 and made in Crl.M.P.No.245 of 2016 on condition that the petitioner shall pay a sum of Rs.1000/- to the High Court Legal Services Committee within a period of two weeks from the date of passing of the order i.e., 30.01.2017. Thus, it is clear that
the period of two weeks starts from 30.01.2017. But the present petition is filed under Section 482 Cr.P.C for the extension of time.
2.It is pertinent to note here that this petition seems to have been filed before this Court on 10.03.2017. It is to be noted that this petition,
though filed under a wrong provision of law, ought to have been filed prior to the expiry of two weeks. But
this petition is filed belatedly with a prayer to extend the time for further period of two weeks.
2
3.On perusal of the averments of this petition, this Court is not convinced and satisfied to grant the extension of time because it is apparent on the face of this petition that this petitioner himself has not taken any effective steps to pay the very feeble amount
of Rs.1,000/- to the High Court Legal Services Committee within two weeks, which starts from 30.01.2017. Filing of the petition after the expiry of two weeks, that too after passing of 1 ½ months is very unfortunate and therefore the petition itself is not maintainable and liable to be dismissed.
Accordingly, this petition is dismissed.
10.04.2017
gpa
3
T.MATHIVANAN.J.,
Crl.M.P.No.4990 of 2017 and Crl.O.P.No.1406 of 2017
10.04.2017
2 issues framed by the court
Whether the petitioner is entitled to an extension of time to pay the legal services fee beyond the deadline specified in the previous order.
Whether the petitioner has taken effective steps to pay the required fee within the stipulated period.
1 provisions across 1 enactments
No party name mentioned
High Court Legal Services Committee
T. MATHIVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
