Elumalai vs. Inspector Of Police

SECTION IIC

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION NOS. 7487 AND 7490 OF 2017 (APPLICATIONS FOR CONDONATION OF DELAY IN FILING AND REFILING OF THE RESTORATION AND SLP)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. OF 2017 ELUMALAI ...PETITIONER VERSUS

INSPECTOR OF POLICE ...RESPONDENT

OFFICE REPORT

The office report on default was listed before the Hon'ble JudgeinChamber on 25th November, 2016, when the Court was pleased to pass the following order:

"Three weeks' time is granted to the learned counsel for the petitioner to comply with the office report dated 25.10.2016, failing which the Special Leave Petition shall stand dismissed without further reference to the Court."

It is submitted that counsel for the petitioner has not cured the defects within the stipulated time and the matter was put in disposal directory.

It is further submitted that counsel for the petitioner has on 09.02.2017 cured the defects and refiled the matter along with application for restoration and there was a delay of 22 days in filing restoration and counsel for the petitioner has filed applications in this regard which have been registered as Crl.M.P. Nos.3094 and 3095 of 2017, respectively and listed before the Hon'ble JudgeinChamber on 3rd April, 2017, when His Lordship was pleased to pass the following order:

"Delay in filing restoration is condoned. The application (CRLMP. 3094/2017) for restoration is allowed."

It is submitted that there is a delay of 40 days in filing and 305 day in refiling of the Special Leave Petition and counsel for the petitioner has filed applications in this regard.

The applications in the matter abovementioned are therefore, listed before the Hon'ble Court.

DATED this the 28th day of April, 2017.

ASSISTANT REGISTRAR

Copy to: Mrs. K. Sarada Devi, Advocate

ASSISTANT REGISTRAR

rahul