Petition to condone a 367-day delay in filing a grant-leave application against an acquittal. The court found the leave application had already been allowed and numbered by mistake, so no delay-condonation petition was necessary, and dismissed it while directing the Registry to process the appeal.
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.
Crl.M.P.(MD).No.10963 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Eighteenth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
Crl.M.P.(MD).No.10963 of 2024 in Crl.A.(MD).No.SR.10159 of 2024
ALAGAR
... PETITIONER/APPELLANT
Vs
SAMITHA ... RESPONDENT/RESPONDENT
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to condone the delay of 367 days in filing the petition seeking leave of this Hon'ble court to appeal from the order of the acquittal passed by the learned Additional District and Sessions Judge (FTC) Kumbakonam in C.A No. 33/2021 dt. 19.01.2023 by reversing the judgement of the trial court in STC.No.128 of 2019 dated 10.03.2021.
Prayer in Crl.A.(MD).No.SR.10159 of 2024:
Pleased to call for the records pertaining to the judgment in C.A.No.33 of 2021 dated 19.01.2023 passed by the Learned Additional District and Sessions Judge (FTC), Kumbakonam, by reversing the judgement of the trial court in STC.No.128 of 2019 dated 10.03.2021 and set aside the same.
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of https://www.mhc.tn.gov.in/judis Mr.D.VENKATACHALAM, Advocate for the petitioner, the court made the
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Crl.M.P.(MD).No.10963 of 2024
following order:-
By mistake, it appears that grant leave application has been filed without filing
the application to condone the delay. That was also numbered by the Registry without noticing the same. After allowing the grant leave application, this application
has been filed, which will not lie. Since already leave is granted, Registry is directed
to process the appeal itself. This petition is dismissed as unnecessary.
/10/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV )
Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTC), KUMBAKONAM.
COPY TO: THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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Crl.M.P.(MD).No.10963 of 2024
ORDER IN Crl.M.P.(MD).No.10963 of 2024 in Crl.A.(MD).No.SR.10159 of 2024 Date :18/10/2024
SA/VR/SAR. /22.10.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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Alagar
Samitha
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
