P RAVINDRAN Vs. STATE

JUDGEMENT

(1.) The petition in M.P. No. 2 of 2008 and the unnumbered miscellaneous petition have been filed under Section 5 of the Limitation Act, seeking an order to condone the delay of 310 days in filing the unnumbered Criminal Revision Petitions filed against the order passed in Crl.M.P. No. 1106 of 2006 and Crl.M.P. No. 1105 of 2006 in Spl.C. No. 2 of 2006 on the file of the Chief Judicial Magistrate-Cum-Special Judge, Cuddalore.

(2.) It is an admitted fact that the unnumbered Criminal Revision Petitions have been filed by the petitioner herein who was a third party to the criminal proceeding, that was disposed of by the court below, by a common order, dated 02.07.2007, whereby the accused were discharged from the alleged offence punishable under Sections 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988

(3.) Mr. V. Jayaprakash Narayanan, learned Counsel appearing for the petitioner submitted that the second respondent who was arrayed as A1 in Spl.C.C. No. 2 of 2006 on the file of the Chief Judicial Magistrate-cum-Special Judge, Cuddalore had filed a petition under Section 239 Code of Criminal Procedure seeking an order of discharge. Similar petition was also filed by co-accused/A2. The second respondent/A1 & A2 have been facing charges for an offence punishable under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988. The Trial Court by a common order dated 02.07.2007 in Crl. M. P. No. 1106 of 2006 and Crl.M.P. No. l105 of 2006, allowed the petitions and discharged the petitioners/A1 & A2 from the alleged offence, that was punishable under Section 13(2) read with 13(1)(e) of Prevention and Corruption Act, 1988. Challenging the said order, the petitioner herein has preferred the unnumbered criminal revision petitions with the miscellaneous petition to condone the delay of 310 days. Learned Counsel appearing for the petitioner/third party submitted that the petition filed under Section 5 of Limitation Act, may be considered first and after numbering of the revision petitions, the same be considered by this Court.