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2014 DIGILAW 4468 (MAD)

Mohamed Riyas v. State by Inspector of Police, Tiruppur Rural Police Station, Tiruppur

2014-11-28

C.T.SELVAM

body2014
Judgment 1. Petitioners challenge the order of learned Principal Sessions Judge, Tiruppur, passed in C.A.C.F.R.No.3684 of 2014 in Crl.M.P.No.677 of 2014 on 19.08.2014, dismissing the petition seeking condonation of delay of 47 days in preferring the appeal against the judgment of learned Judicial Magistrate II, Tiruppur, passed in C.C.No.68 of 2014 on 05.02.2014. 2. Heard learned counsel for petitioners and learned Government Advocate (Crl.side). 3. Considering the rival submissions that by the order under challenge, the right of appeal is denied to the petitioners, this Court considers it appropriate to allow the present revision and directs as follows: a. this Criminal Revision is allowed. The order of learned Principal Sessions Judge, Tiruppur, passed in C.A.C.F.R.No.3684 of 2014 in Crl.M.P.No.677 of 2014 on 19.08.2014, is set aside. b. the delay of 47 days in preferring the appeal is condoned. The appellate Court is directed to take up the appeal on file and dispose of the same as expeditiously as possible.