STATE Vs. SIVASAMY

JUDGEMENT

(1.) THIS petition is filed by the State to condone the delay of 155 days in filing the appeal against the acquittal of the accused in S.C. No. 127 of 1986 on the file of the Principal Sessions Judge, Tiruchirapalli.

(2.) THE Joint Secretary to Government, Home Department, Madras, who filed the affidavit in support of the petition, averred in para 2 as follows:

(3.) THERE upon an additional affidavit was filed on behalf of the Petitioner, wherein it is stated that the judgment of the trial court was passed on 4.2.1987. The trial court Public Prosecutor sent his opinion which was received by the District Magistrate, Tiruchirapalli on 24.6.1987. The scrutiny of the judgment and other records of the case and discussion with the trial court Public Prosecutor were completed, and note was put up to the District Magistrate and Collector, Tiruchirapalli on 11.7.1987. Draft grounds and proposal were prepared on 13.8.1987 and the same was despatched to the Government on 21.8.1987. Hence, there is a delay of 155 days on the part of the District Magistrate and Collector, Tiruchirapalli in filing the appeal. The said delay is only due to administrative reasons and that it is neither wilful nor wanton.