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Madras High CourtCRL RC/341/2020dismissed

Balu v. Elumalai

2023-08-01Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Balu ... Petitioner/Accused Vs.

Elumalai ... Respondent/Complainant PRAYER: Criminal Revision Petition filed under Section 397 & 401 Criminal Procedure Code, to set aside the judgment in C.A.No.37 of 2012 on the file of the learned Principal Sessions, Judge, Tiruvannamalai, Tiruvanamalai District dated 22nd January 2020, confirming the judgment in C.C.No.108 of 2011 on the file of the Judicial Magistrate, Fast Track Court, Tiruvannamalai, Tiruvanamalai District, dated 30th July 2012 and call for the records and acquit the petitioner from all the charges.

For Petitioner : M/s.S.C.Ramesh For Respondent : Not ready in notice

ORDER

This Criminal Revision Petition had been filed to set aside the judgment in C.A.No.37 of 2012 on the file of the learned Principal Sessions, Judge, Tiruvannamalai, Tiruvanamalai District, dated 22.01.2020, confirming the judgment in C.C.No.108 of 2011 on the file of the Judicial Magistrate, Fast 1/4

Track Court, Tiruvannamalai, Tiruvanamalai District, dated 30.07.2012 and call for the records and acquit the Petitioner from all the charges. 2.On perusal of the records, it is found that the Criminal Revision Case is filed in the year 2020. Even after three years, notice had not been taken to the Complainant/Respondent by the Revision Petitioner/Accused. As per the printed cause list, notice sent earlier in the year 2020 was returned with an endorsement "Refused". Therefore, this Criminal Revision Case is dismissed. 3.The Learned Judicial Magistrate, Fast Track Court, Magisterial level, Tiruvannamalai, is directed to issue warrant in continuation of the judgment of conviction recorded by the learned Judicial Magistrate, Fast Track Court, Magisterial level, Tiruvannamalai, in C.C.No.108 of 2011 and detain the Accused in Prison to serve the sentence of imprisonment. 01.08.2023 vsn Index:Yes/No Internet:Yes/No Note:Issue Order Copy on 01.08.2023 2/4

To 1.The Judicial Magistrate, Fast Track Court, Magisterial Level,Tiruvannamalai.

2.The Principal Sessions, Judge, Tiruvannamalai, Tiruvanamalai District 3/4

SATHI KUMAR SUKUMARA KURUP,J.

Vsn 01.08.2023 4/4