S.Latha v. State Rep by
Case brief
What is this about?
Court allowed petitions to condone a 1170-day delay and grant leave to the petitioner, legal heir of a deceased appellant, to continue a pending criminal appeal due to illness and lack of awareness.
What did the court decide?
Conditional leave to continue Criminal Appeal No. 688/2011 and direction to registry to amend records and list matters for final hearing.
What the court decided
Crl.M.P.No.1568 of 2022 & Crl.O.P.No.3381 of 2022 in Crl.A.No.688 of 2011
Crl.M.P.No.1568 of 2022 & Crl.O.P.S.R.No.3381 of 2022 in Crl.A.No.688 of 2011
G. CHANDRASEKHARAN, J.
Crl.M.P.No.1568/2022, is filed to condone the delay of 1170 days in filing the petition under Section 5 of the Limitation Act r/w 394(2) of Crl.P.C., to grant leave to the petitioner as the legal heir of appellant/fourth accused-Latha, who died on 09.07.2019, and to continue with the appeal, pending in Crl.A.No.688 of 2011.
- Crl.O.P.No.3381/2022 is filed seeking leave and permit the petitioner to continue with the Crl.A.No.688/2011.
- The learned counsel for the petitioner submitted that he is the son of S.Lata and Shantharaman the appellants in Crl.A.No.688/2011. They are the accused 4 and 5 before the trial Court in C.C.No.24/1999 on the file of XI Additional City Civil and Sessions Judge, CBI Cases relating to Banks and Financial Institutions, Chennai. He is not aware of the appeal proceedings, till recently. His mother Latha died on 09.07.2019 and his father Shantharaman is aged about 73 years and suffering from Alzheimer disease and he did not inform about the proceedings. Only recently he came to know
Crl.M.P.No.1568 of 2022 & Crl.O.P.No.3381 of 2022 in
Issues for consideration
2 issues framed by the court
Whether to condone a delay of 1170 days in filing an application to continue a pending criminal appeal due to the death of one appellant and illness of the other.
Whether leave should be granted to the legal heir of the deceased appellant to continue the criminal appeal.
Parties & counsel
- petitioner
G. Chandrasekharan (son of S. Latha and Shantharaman)
- respondent
CBI/State (implied respondent in appeal)
Coram
G. CHANDRASEKHARAN
Case details
As recorded by the court registry
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