SURULIYAMMAL Vs. RAMACHANDRAN

JUDGEMENT

(1.) Heard Mr.P.V.Gurudevaraj, learned counsel appearing for the petitioner.

(2.) This petition has been filed to condone the delay of 56 days in filing the restoration application against the order passed in Cr.M.P.No.12474 of 2016 in Crl. R.C.SR.No.37729 of 2016.

(3.) On the side of the petitioners, it is stated that the petitioner filed a petition under Section 319 of Cr.P.C., to implead the fourth respondent as accused in this case. The learned Judicial Magistrate dismissed the petiton and being aggreived by the order passed by the learned Judicial Magistrate, the petitioner filed the criminal revision petition along with the delay excuse petition in Cr.M.P.No.1147 of 2016 in C.C.No. 309 of 2015 and the same was dismissed by this Court on 27.06.2018 for non prosecution. It is stated that since the petitioner was undergoing treatment for fracture, he could not meet his advocate and later on he came to know about the order of dismissal. Hence, there is a delay of 56 days in filing the restoration petition. The learned counsel for the petitioner has filed the petitioner's medical Certificate. He further stated that the delay is only 56 days and the same may be allowed.