STATE Vs. ANNAMALAI COTTON MILLS LTD

JUDGEMENT

(1.) This Petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. J.C.Durairaj, Government Advocate (Crl.Side.) for the appellant and of Mr. Shanmughavelayutham, senior counsel appearing for Mr. T.Vijayaraghavan, counsel for the Respondents 3 and 5, the Court made the following order: The petitioners herein are the accused in C.C. No. 142 of 2004, on the file of the Judicial Magistrate- VI, Salem, and they were acquitted by the trial Court from the charges under Sections 39(1), 44( 1) (c) of the Indian Electricity Act read with Section 379 IPC. The Judgment was delivered by the Trial Court on 30.8.2007. Aggrieved by the said acquittal, the State has preferred an appeal before this Court, but there is a delay of 382 days in preferring the appeal. The Inspector of Police, Mallur Police Station, Salem District, also filed on affidavit in support of the petition.

(2.) The learned Government Advocate (Criminal side) submits that an application for obtaining the certified copy of the Judgment was made on 30.8.2007 and the copy of the Judgment was obtained on 14.11.2009 and thereafter a proposal was sent to the Government by the Police to prefer an appeal. The Deputy Secretary to Government, Energy Department sent a proposal to the Office of the Public Prosecutor, High Court, Madras and it was received by the Public Prosecutor on 12.8.2008 and opinion was also given by the Public Prosecutor and thereafter appeal was preferred and it was filed on 16.10.2008, and in the meantime, there had been a delay of 3 82 days.

(3.) The learned Government advocate (Criminal side) also submitted that it is a fit case for preferring appeal.