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A.Madesh v. P. Arjunan

Madras HC26 Feb 2026CRL MP/13465/2024

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; 459 days delay; restoration petition; Crl.A.No.636 of 2022; Madras High Court; criminal miscellaneous petition; trial court acquittal; mistake in advocate office; mix-up of bundle; re-presentation; A. Madesh v. P. Arjunan; Salem District; delay condoned; petition allowed; 2026.

What did the court decide?

Condonation of the delay of 459 days in re-presenting the restoration petition in Crl.M.P.SR.No.58161 of 2022 in Crl.A.No.636 of 2022. ¶36

A.Madesh Vs P. Arjunan — Madras HC (2026) — LawSathi Research

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CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26-02-2026

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CORAM

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THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

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CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022

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A.Madesh

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S/o.Appavugounder, No.235, Bharathi Nagar, Idayapatti Post Thumbal Via, Pethanaickenpalayam Taluk, Salem District.

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Petitioner(s) Vs

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P. Arjunan S/o.Perumal, Governor Thoppu, Manjini Village And Post, Gangavalli Taluk, Salem District.

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Respondent(s)

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CRL A No. 636 of 2022

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1. A.Madesh

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S/o.Appavugounder, No.235, Bharathi Nagar, Idayapatti Post Thumbal Via, Pethanaickenpalayam Taluk, Salem District.

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Appellant(s)

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P.Arjunan,

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S/o.Perumal, Governor Thoppu,

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1/4

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022

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Manjini Village And Post, Gangavalli Taluk, Salem District.

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Respondent(s)

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PRAYER: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act praying to condone the delay of 459 days in representing the restoration petition in Crl.M.P.S.R.No.58161 of 2022 in Crl.A.No.636 of 2022.

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For Petitioner : Mr.A.Rajakumar For Respondent : Mr.K.Elumalai

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ORDER

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The Criminal Miscellaneous Petition is filed to condone the delay of

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459 days in representing the restoration petition in Crl.M.P.SR.No.58161 of

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2022 in Crl.A.No.636 of 2022.

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2.The learned counsel for petitioner/appellant submitted that the delay has caused due to mixup of the bundle in the office, when the office was re-arranged. For that reason, though the restoration petition was filed earlier, the delay occurred to re-present the the restoration petition.

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3.The learned counsel for respondent strongly opposed the petitioner’s contention stating that the trial Court acquitted the respondent and the appellant/complainant not diligent in follow up the appeal.

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2/4

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022

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4.It is seen that the mistake committed in the Advocate office. Despite,

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opposition, it is only a delay in re-presentation. Hence, this Court is inclined to condone the delay. Accordingly, the delay stands condoned and the petition is ordered.

26-02-2026

rsi

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https://www.mhc.tn.gov.in/judis

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CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 M.NIRMAL KUMAR, J.

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rsi