This petition is filed seeking a direction to set aside endorsement made in RP 1139 dated 30.01.2017 by the Hon'ble Principal District and Session Judge at Coimbatore in the condone delay petition u/s. 5 of the Limitation Act in filing criminal appeal against S.T.No.62/2010 by an order dated 26.03.2010 on the file of Judicial Magistrate II, at Coimbatore and direct the Hon'ble Principal district and Session Judge at Coimbatore to assign the number to the petition in RP 1139 dated 30.01.2017 which was filed by the petitioner, and adjudicate the same in accordance with law.
2. Heard both sides.
3. The petitioner's unnumbered miscellaneous petition seeking for condonation of delay was returned by the registry of the Principal District and Session Judge, Coimbatore, on the ground that the earlier petition to condone the delay was rejected by the Madras High Court and therefore, the subsequent petition was not maintainable.
4. It is seen from the order of this Court made in Crl.M.P.No.4368 of 2016 dated 11.08.2016 filed under Section 5 of the Limitation Act, the reason assigned was that the mother of the petitioner alone has filed the affidavit and the petitioner has not filed any affidavit supporting the petition for condonation of delay.
5. The present petition to condone the delay filed before the learned Principal District and Session Judge, Coimbatore is supported by an affidavit filed by the petitioner himself. Since, the earlier petition which was rejected by this Court was not on merits, the technicalities pointed out must be deemed to have been rectified by the petitioner.
6. Hence, the learned Principle District and Session Judge, Coimbatore, is directed to take up the petitioner's petition filed for condonation of delay on file and dispose of the same on its own merits. It is made clear that I have not expressed any of my views with regard to the reasons assigned in the petition for condonation of delay.
With these observations, the Criminal Original Petition stands allowed.
14.11.2017 Index:Yes/No Internet: Yes/No bri/ak M.S.RAMESH.J., bri/ak To
1. The Inspector of Police, B3 Kattor Police Station, Coimbatore District, (Crime No.794 of 2010)
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.12911 of 2017 14.11.2017