The Court condoned a 596-day delay in filing a criminal appeal in Spl.C.No.15 of 2017, accepting the petitioner's reason of procedural delay in appointing legal aid counsel, and allowed the petition.
The delay of 596 days was condoned and the Criminal Miscellaneous Petition was allowed.
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Crl.M.P.No.14938 of 2023
Crl.M.P.No.14938 of 2023 in Crl.A.SR.No.46226 of 2023
M.SUNDAR, J., and R.SAKTHIVEL, J.,
[Order of this Court was made by M.SUNDAR,J.,]
Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl MP' for
the sake of brevity, convenience and clarity] has been filed with 'condonation of delay' ['COD'] prayer. To be noted, COD is qua 596 days delay in filing Criminal Appeal being Crl.A.SR.No.46226 of 2023 as against the judgment of conviction and sentence passed by learned Sessions Judge, Mahila Court, Chengalpattu in Spl.C.No.15 of 2017 dated 06.12.2019.
Prosecutor accepts notice for the respondent and submits that no other appeal has been preferred by the petitioner.
https://www.mhc.tn.gov.in/judis Page Nos.1/2
Crl.M.P.No.14938 of 2023
M.SUNDAR, J., and R.SAKTHIVEL, J.,
mk
of the matter, we accept the reason for delay i.e., owing to procedural delay in
appointment of legal aid counsel.
Crl.MP is ordered as prayed for.
[M.S.,J.] [R.S.V.,J.] 20.09.2023
mk
Crl.M.P.No.14938 of 2023 in Crl.A.SR.No.46226 of 2023
https://www.mhc.tn.gov.in/judis Page Nos.2/2
1 issue framed by the court
Whether to condone a delay of 596 days in filing a criminal appeal due to procedural delay in appointing legal aid counsel.
M.SUNDAR
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
