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2016 DIGILAW 1550 (MAD)

District Revenue Officer v. Sasikumar

2016-04-15

M.VENUGOPAL

body2016
ORDER : Though Mr. V. Balakrishnan, Learned counsel had filed memo of appearance in this matter for the Respondents 1 and 2/A1 & A2, there is no representation on behalf of the Respondents today. 2. Heard Mr. V. Arul, Learned Government Advocate (Crl. Side) appearing for the Petitioners/Complainants. 3. It comes to be known that the Petitioners/Respondents/Complainants have preferred the present M.P. No. 1 of 2015 praying for passing of an order by this Court to condone the delay of 275 days in preferring the instant Criminal Revision Petition as against the judgment passed by the Appellate Court in Crl.A.113 of 2009 dated 22.12.2014. 4. At this juncture, this Court has perused the contents of the affidavit in M.P. No. 1 of 2015 in SR No. 55987 of 2015 filed by the Inspector of Police, Civil Supplies C.I.D., Salem District, wherein at para 3 and 4 it is averred as under: “3. I further submit hence, I made copy application once again on 02.09.2015 and obtained the same on 04.09.2015 from the above Court. After obtaining the certified copy of the judgment submitted before the office of the Additional Director General of Police, CS CID, Chennai through proper channel for approval. Then, the Additional Director General of Police, Civil Supplies C.I.D., Chennai submitted the same to the Additional Secretary to Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai vide letter in Rc.No.C1/6209/2015, dated 11.09.2015, who in turn, addressed the same to the Principal Secretary/Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai Vide letter No.18573/G2/2015-1, dated 08.10.2015. In turn, the Principal Secretary/Commissioner of Civil Supplies and Consumer Protection Department, Chepauk, Chennai sent the proposal to the office of the Public Prosecutor, High Court, Madras vide letter in Rc.No.D3/20992/2015, dated 27.11.2015 and the same was received by the office of the Public Prosecutor, High Court, Madras only on 16.12.2015. 4. The Learned Public Prosecutor, High Court, Madras given message to me on 16.12.2015 to appear along with CD File, Certified copy of the judgment and typed set of papers and also the connected records in connection with filing of a Criminal Revision Case before the Hon'ble High Court, Madras. Based on the above, I came and appeared before the Learned Public Prosecutor, High Court, Madras in connection with filing of a revision case before the Hon'ble High Court, Madras on 21.12.2015. Based on the above, I came and appeared before the Learned Public Prosecutor, High Court, Madras in connection with filing of a revision case before the Hon'ble High Court, Madras on 21.12.2015. The Learned Public Prosecutor, High Court, Madras after complete perusal of the entire records, thought that this is a fit case for filing a Revision and accordingly, a Criminal Revision Case is being filed on 21.12.2015 before the Hon'ble High Court, Madras.” 5. From the aforesaid contents of the averments made in M.P. No. 1 of 2015 filed on behalf of the Petitioners/Respondents/Complainants, this Court is of the considered opinion that the reasons assigned at paras 3 and 4 of the affidavit in M.P. No. 1 of 2015 are of administrative in nature. As such, this Court on being subjectively satisfied as to the reasons assigned for the delay of 275 days and therefore, in the interest of justice, condones the said delay in filing the above Revision and allows the petition and accordingly, the Crl. M.P. No. 1 of 2015 in Crl. R.C. Sr. No. 55987 of 2015 is allowed.