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2026 DAILYLAW 76121 (MAD)

A.MADESH v. P. ARJUNAN

CRL MP/13465/2024 · 2026-02-26

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 A.Madesh S/o.Appavugounder, No.235, Bharathi Nagar, Idayapatti Post Thumbal Via, Pethanaickenpalayam Taluk, Salem District. Petitioner(s) Vs P. Arjunan S/o.Perumal, Governor Thoppu, Manjini Village And Post, Gangavalli Taluk, Salem District. Respondent(s) CRL A No. 636 of 2022 1. A.Madesh S/o.Appavugounder, No.235, Bharathi Nagar, Idayapatti Post Thumbal Via, Pethanaickenpalayam Taluk, Salem District. Appellant(s) Vs 1. P.Arjunan, S/o.Perumal, Governor Thoppu, 1/4 https://www.mhc.tn.gov.in/judis CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 Manjini Village And Post, Gangavalli Taluk, Salem District. Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act praying to condone the delay of 459 days in representing the restoration petition in Crl.M.P.S.R.No.58161 of 2022 in Crl.A.No.636 of 2022. For Petitioner : Mr.A.Rajakumar For Respondent : Mr.K.Elumalai ORDER The Criminal Miscellaneous Petition is filed to condone the delay of 459 days in representing the restoration petition in Crl.M.P.SR.No.58161 of 2022 in Crl.A.No.636 of 2022. 2.The learned counsel for petitioner/appellant submitted that the delay has caused due to mixup of the bundle in the office, when the office was re-arranged. For that reason, though the restoration petition was filed earlier, the delay occurred to re-present the the restoration petition. 3.The learned counsel for respondent strongly opposed the petitioner’s contention stating that the trial Court acquitted the respondent and the appellant/complainant not diligent in follow up the appeal. 2/4 https://www.mhc.tn.gov.in/judis CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 4.It is seen that the mistake committed in the Advocate office. Despite, opposition, it is only a delay in re-presentation. Hence, this Court is inclined to condone the delay. Accordingly, the delay stands condoned and the petition is ordered. 26-02-2026 rsi 3/4 https://www.mhc.tn.gov.in/judis CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 M.NIRMAL KUMAR, J. rsi CRL MP No. 13465 of 2024 in Crl.M.P.SR.No.58161 of 2022 in CRL A NO. 636 OF 2022 26.02.2026 4/4 https://www.mhc.tn.gov.in/judis