CRL A/460/2020 of K.JAFARULLAH Vs THE STATE on 31 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.12.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.A.No.460 of 2020and Crl.M.P.No.7115 of 2020

K.JafarullahS/o.Khadhar Basha... Appellant/Accused No.1

Versus

The State of Tamil Nadu,Rep by the Inspector of Police,Tiruppur north Police Station,Tiruppur.(Crime No.896/1998)... Respondent/Complainant Prayer: Criminal Appeal filed under Section 374(2) of the CriminalProcedure Code, to set aside the conviction and sentence imposedup on the appellant pertaining to the judgment dated 24.09.2019made in S.C.No.73 of 2014 on the file of the Assistant SessionsJudge, Tiruppur by allowing this Criminal Appeal.

For Appellant: Mr.B.KumarasamyFor Respondent: Mr.C.Raghavan Government Advocate (Crl.Side)JUDGMENT

The appellant is an accused in S.C.No.73 of 2014 on the fileof the Assistant Sessions Judge, Tiruppur. The AssistantSessions Judge, Tirupur cum Principal Subordinate Court,Tiruppur by its judgment dated 24.09.2018 convicted thepetitioner for the offences under Section 489(A), 489(b), 489(C), 489(D) and sentenced to undergo seven years RigorousImprisonment.

2.The learned counsel for the petitioner has filedCrl.M.P.No.6223 of 2020 to condone the delay of 538 days inpreferring the appeal. This Court by order dated 28.10.2020,condoned the delay and the appeal was numbered as Crl.A.No.460of 2020. The learned counsel for the petitioner has filed apetition in Crl.M.P.No.7115 of 2020 seeking suspension of

sentence along with the appeal and argued that the petitioner isaged about 67 years and he has surrendered and he is underconfinement from 20.02.2020.

3.The learned Government Advocate (Crl.Side) filed hiscounter dated 07.12.2020. Thereafter on hearing both sidearguments the petition filed seeking suspension of sentence inCrl.M.P.No.7115 of 2020 was reserved for orders.

4.On perusal of the Lower Court Judgment it was found thatS.C.No.73 of 2014 was tried and the petitioner was convicted bythe Assistant Sessions Judge, Tiruppur cum Principal SubordinateCourt, Tiruppur by its judgment and sentenced to undergo sevenyears Rigorous Imprisonment.

5.As per Section 374 (3) of the Cr.P.C., any personconvicted on a trial held by a Sessions Judge or an AdditionalSessions Judge in which a sentence of imprisonment for more thanseven years, may file appeal on the High Court. In this case,the appellant was sentenced to undergo seven years imprisonment.Hence, this appeal ought not to have been filed before thisCourt. The appeal is to be filed before the principal Districtand Sessions Judge, Tiruppur. Registry failed to notice the sameand numbered the appeal. The learned counsel for the appellantand the learned Government Advocate (Crl. Side) have not broughtto the notice of this Court. Hence, this Court allowed thecondone delay petition and the entertained the appeal.

6.In view of the same, Registry is directed to return thecase papers in Crl.A.No.460 of 2020 including the copy of thejudgment of the Lower Court to the learned counsel for thepetitioner.

7.The learned counsel for the appellant shall file an appealbefore the appropriate Sessions Court within a period of 15 daysfrom the date of receiving the case bundle from the registry.The Principal District and Sessions Court shall entertain theappeal without raising objection on the point of limitation inpreferring the appeal.

8.With the above direction, this Criminal Appeal isdismissed. Consequently connected miscellaneous petition isclosed. Sd/- Assistant Registrar(CS VIII)

//True Copy//

rst

Sub Assistant Registrar

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