State Represented by Additional Superintendent of Police v. M.Sathishkumar

ORDER This Criminal Miscellaneous Petition has been filed by CBI seeking to condone the delay of 63 days in filing the above appeal.

2.The learned Special Public Prosecutor appearing for the petitioner/CBI submitted that for violation of Wild Life Protection Act, a complaint filed by Deputy Superintendent of Police, SCB, Chennai, pursuant to the orders passed by the Special Bench of this Court in W.P(MD) No.19771 of 2018 dated 10.06.2022 and the same is taken on file in in C.C.No.669 of 2023. On conclusion of trial, the Trial Court dismissed the complaint, discharging the respondents, against which, the present appeal filed with a delay of 63 days.

3.He further submitted that this case was investigated by Special Investigating team which consist of officials of Wild Life, CBI and others. The CBI had taken up the complaint, investigated and filed final report. As per Section 378(5) of Cr.P.C., the time limit for a public servant to file an appeal against acquittal is six months. In this case, the judgment of acquittal delivered on 19.06.2025 and the appeal filed on 20.11.2025 well within the period of six months. Hence, there is no delay.

4.Considering the submissions made and on perusal of the material, it is seen that admittedly in this case on the directions of the Special Bench of this Court, the case in Crime No.WLOR No.13 of 2022 dated 13.12.2021 handed over to the Special Investigating Team and CBI officers are part of the investigation team, who conducted investigation and the case was taken on file, thereafter judgment of acquittal rendered. During trial, on the side of prosecution, 13 witnesses examined, 28 documents marked and M.O.1 to M.O.7 produced. On the side of the defence, DW1 to DW3 examined and in Exs.D1 to D8 marked. It is seen that from the Court seal, the copy application filed on 18.07.2025, the same made ready on 24.07.2025 and order copy delivered on 24.07.2025 and appeal filed before this Court on 11.12.2025. Thus, it is well within the period of six months.

5.In view of the same, no requirement to file condone delay petition. Hence, the Criminal Miscellaneous Petition is dismissed.

6.Registry is directed to number the leave petition, if it is otherwise in order. 13-02-2026 rsi CRLoMPoNo.o2448oofo2026 in CRLoAoSRoNO.o95398oOFo2025 M.NIRMALoKUMAR,oJ. rsi CRLoMPoNo.o2448oofo2026 in CRLoAoSRoNO.o95398oOFo2025

13.02.2026

in IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR in State Represented by Additional Superintendent Of Police Central Bureau of Investigation, Special Task Branch, Rajaji Bhavan, Besant Nagar, Chennai 600 090. Petitioner(s) Vs 1. M.Sathishkumar S/o.Maninathan, No.5, Ponniamman Nagar, 1st Stret, Venkatamangalam, Kandigai, Chengalpattu. 2.M.Jayakumar S/o.Mohan, No. 45/10, Thirumalai Nagar, Nandambakkam, Kundrathur, Chennai. 3.A.Ravichandran S/o.Annamalai, No.20-A, Dam Road, Ramanathapuram, Padavedu, Thiruvannamalai District. Respondent(s)/Accused CRL A SR No. 95398 of 2025 1. The State Rep By in Appellant(s) Vs 1. M.Sathishkumar Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act praying to condone the delay of 63 days in filing the Criminal Appeal against the judgment of acquittal dated 19.06.2025 passed in C.C.No. 669 of 2023 on the file of the learned Chief Judicial Magistrate, Chengalpattu, may kindly be condoned in the interest of justice and the accompanied appeal be heard and decided on merits. For Petitioner : Mr.K.Srinivasan, Special Public Prosecutor for CBI Cases For Respondent :