Devarajan v. Divya
Case brief
What is this about?
The Court allowed a memorandum of appeal seeking to condone a delay of 11 days in filing a Criminal Appeal against an order of acquittal. The delay was condoned after verifying reasons in the affidavit, directing registry to number the appeal and print respondent's name.
What did the court decide?
Delay of 11 days in filing Criminal Appeal condoned. Registry directed to number the Criminal Appeal and print respondent's name in cause list.
What the court decided
Crl.MP.No.10133 of 2024 in Crl.A.SR.No.23639 of 2024
M.DHANDAPANI, J.
The present Miscellaneous petition has been filed seeking to condone the delay of 11 days in filing the Criminal Appeal against the order of acquittal in C.A.No.35 of 2022 on the file of the learned Additional District Judge (Fast Track Court) Mettur dated 30.01.2024.
2 . Though notice has been served on the respondent and name has been printed in the cause list, none appeared on his behalf.
- Having satisfied with the reasons stated in the accompanying affidavit filed in support of this petition, this petition stands allowed and the delay is condoned.
4. Registry is directed to number the Criminal appeal, if the papers are otherwise in order and also print the name of the respondent in the cause list.
02.08.2024
msv
Issues for consideration
3 issues framed by the court
Whether delay of 11 days in filing Criminal Appeal against order of acquittal can be condoned.
Whether notice is required when respondent does not appear.
Exercise of discretion to condone delay in filing Criminal Appeal.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent
Coram
M.DHANDAPANI
Case details
As recorded by the court registry
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