CRL MP No. 6592 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL MP No. 6592 of 2026 IN CRL A SR NO. 40117 OF 2024 Mohammed Niyazullah S/o Abdul Lathif, Elavanchurkottai, Ulundurpet. FIR No.31 of 2019 ..Petitioner(s) Vs 1. The State Rep By, The Sub-Inspector Of Police District Crime Branch, Villupuram. 2. Shaikh Mushtaq S/o Shahid Ameer, Residing at Melapalayam, Elavanchurkottai, Ulundurpet. 3. Syed Hameed S/o Syed Pakshee, Residing at Melapalayam, Elavanchurkottai, Ulundurpet. ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act praying to condone the delay of 309 days in filing the present appeal before this Court, against the acquittal of 2nd respondent, passed in CA.No.28 of 2023 dated 28.07.2023 on the file of the Additional District Court (Fast Track Court), Villupuram. https://www.mhc.tn.gov.in/judis CRL MP No. 6592 of 2026 __________ Page2 of 4 For Petitioner(s): Mr.S.Ramesh Kumar For Respondent-1: Mrs.Sharada Vivek, Government Advocate (Crl. Side) For Respondents-2 & 3: Mr.M.Himavanth Order The petitioner/PW2, claiming to be a victim, had filed the appeal with a delay of 309 days. 2. Heard the learned counsel for petitioner. 3. The learned counsel for the respondents 2 and 3 filed his objections and submitted that the delay of 309 days cannot be condoned mechanically unless the petitioner is able to give reason for each day’s delay. He further submitted that in this case the third respondent was acquitted by the trial Court, whereas the second respondent was convicted by the trial Court. Aggrieved by the conviction, the second respondent filed an appeal before the learned Additional District Judge, Villupuram. The learned Additional District Judge, Villupuram reversed the finding of the trial Court and acquitted the second respondent, against which, the present appeal is filed. He further submitted that the petitioner not filed any appeal against the acquittal of the third respondent by the trial Court and his acquittal attained finality. At this stage, filing an appeal arraying the second respondent along with third respondent and questioning the judgment of the trial Court is not maintainable. https://www.mhc.tn.gov.in/judis CRL MP No. 6592 of 2026 __________ Page3 of 4 4. The learned counsel for the respondents 2 and 3 is ready for arguments in the main appeal. This Court is not going into the merits of the appeal at this stage. The contentions of the respondents 2 and 3 can be considered at the time of admission of the appeal. Since the victim had filed the appeal, the delay is condoned. 5. Accordingly, the Criminal Miscellaneous Petition is ordered. 09-07-2026 rsi Note: Registry is directed to number the Criminal Appeal, if it is otherwise in order and post the same for Admission. https://www.mhc.tn.gov.in/judis CRL MP No. 6592 of 2026 __________ Page4 of 4 M.NIRMAL KUMAR J. RSI CRL MP No. 6592 of 2026 IN CRL A SR NO. 40117 OF 2024 09-07-2026 https://www.mhc.tn.gov.in/judis