IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1853 of 2011() ----------------------------------- CRL.MP.123/2011 IN CRA.33/2011 of SESSIONS COURT, THRISSUR .................... PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------------- VELAYUDHAN, S/O.PAPPUTTY, THOTTATHILPARAMBIL HOUSE, ALATHOOR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 013. 2. THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA (PO), THRISSUR DISTRICT-680 732, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031. BY PUBLIC PROSECUTOR SRI.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1853/2011 APPENDIX PETITIONER'S ANNEXURES A(A):- COPY OF THE FIR DTD. 7.12.05 IN CRIME 602/05 ON THE FILES OF MALA POLICE STATION. A(B):- COPY OF THE FINAL REPORT DT. 30.12.2005 SUBMITTED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY IN CRIME 602/2005. A(C):- COPY OF THE JUDGMENT DT. 30.7.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY IN CC. 971/2009. A(D):- COPY OF THE PROCEEDINGS IN CC. 971/2009 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY. A(E):- COPY OF THE ORDER DT. 30.10.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY IN CRL.MP. 11458/2010 IN CC. 971/2009. A(F):- COPY OF THE ORDE DT. 26.2.2011 PASSED BY THE SESSIONS COURT, THRISSUR IN CRL.MP. 123(A) /2011 AND IN CRIMINAL APPEAL NO.33/2011. A(G):- CERTIFIED COPY OF THE ORDER DT.D 26.2.2011 PASSED BY THE SESSIONS COURT, THRISSUR IN CRIMINAL APPEAL NO. 33/2011. TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1853 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Public Prosecutor takes notice for respondents. 2. Petitioner was accused in C.C.No.971 of 2009 of the court of learned Judicial First Class Magistrate, Chalakudy for offences punishable under Sections 427, 447, 341 and 506(ii) of the Indian Penal Code. In the proceeding before learned Magistrate property of petitioner was placed under attachment. Later, petitioner appeared before court and the case ended in acquittal. Petitioner filed application before learned Magistrate to lift the attachment. Petitioner claimed that he learnt about the attachment only in September, 2010 when he attempted to pay revenue for the said property. Learned Magistrate dismissed that application by Annexure-E, order. That order was challenged in appeal before learned Sessions Judge, Thrissur (in Crl.Appeal No.33 of 2011). Since there was delay of 64 days in filing the appeal, petitioner filed C.M.P.No.123(A) of 2011 to condone that delay. Learned Sessions Judge dismissed C.M.P.No.123(A) of 2011 by order dated 26.02.2011 and consequently the appeal was also dismissed. Hence this Criminal Miscellaneous Case. I have heard learned counsel for petitioner and the learned Public Prosecutor. Crl.MC No.1853/2011 2 3. I have gone through the order under challenge. Learned Sessions Judge states that no specific reason is stated for the delay. Delay involved is of 64 days. According to the petitioner, he learnt about the attachment only in September, 2010. There is no reason to think that after getting an adverse order petitioner willfully caused delay in filing the appeal. Having regard to the fact that delay involved is only 64 days and the claim of petitioner that he was suffering from various illness (though he did not produce any certificate to that effect) I am inclined think that it is just and proper to invoke the discretionary jurisdiction vested in this Court in favour of petitioner and condone the delay. Resultantly this Criminal Miscellaneous Case is allowed. Order dated 26.02.2011 on C.M.P.No.123(A) of 2011 in Crl.Appeal No.33 of 2011 of the court of learned Sessions Judge is set aside and C.M.P.No.123(A) of 2011 will stand allowed. Consequently dismissal of Crl.Appeal No.33 of 2011 is also set aside and that appeal is remitted to the court of learned Sessions Judge, Thrissur for consideration as to admissibility and for disposal as provided under law. THOMAS P.JOSEPH, Judge. cks