Madras High CourtCRL RC/440/2014dismissed as infructuous

Selvam M/40 Yrs, v. State Rep.By Inspector Of

2021-02-11Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON :

09.02.2021 PRONOUNCED ON : 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.RC.No.440 of 2014 MP.No.1 of 2014

1. Selvam

2. Saranraj ..Petitioners/ Appellant/ Accused 1 & 2 Vs State by Inspector of Police Neyveli Thermal Police Station Cuddalore ..Complainant/ Respondent/ Respondent Prayer:- This Criminal Revision Case has been filed, against the judgement of conviction and sentence dated 27.03.2014, passed in CA.No.21 of 2013 by the III Additional District Sessions Judge, Cuddalore at Virdhachalam, modifying the judgement of conviction and sentence, passed in CC.No.87 of 2010, by the District Munsif Cum Judicial Magistrate, Neyveli. For Petitioner :

Mr.N.Arunkumar For Respondent :

Ms.Kritika Kamal, GA

ORDER

1.This Criminal Revision Case has been filed, against the judgement of conviction and sentence dated 27.03.2014, passed in CA.No.21 of 2013 by the III Additional District Sessions Judge, Cuddalore at Virdhachalam, modifying the judgement of conviction and sentence, passed in CC.No.87 of 2010, by the District Munsif Cum Judicial Magistrate, Neyveli.

2.The Trial Court had convicted and sentenced the Petitioner/A1 for the offence under Section 326 of IPC to undergo one year Imprisonment and the Petitioner/A2 for the offence under Section 323 of IPC to undergo six months imprisonment. On an appeal, the lower appellate court had https://hcservices.ecourts.gov.in/hcservices/

modified the judgement of conviction and sentence of the Trial Court, to the effect that for the offence under Section 324 of IPC, the Petitioner/A1 shall undergo six months Rigorous Imprisonment and for the offence under Section 323 of IPC, the Petitioner/A2 shall undergo six months Rigorous Imprisonment. As against the same, this Criminal Revision Case has been filed.

3.This Court heard the learned counsel on either side and perused the materials placed on record.

4.It is represented by the learned Government Advocate for the Respondent that the Petitioners have already undergone the period of sentence of imprisonment as ordered by the court below and hence, this Criminal Revision Case has become infructuous. The learned counsel for the Petitioners has also made same submissions.

5.In view of the fact that the Petitioners/Accused had undergone the period of incarceration, as ordered by the court below, this Criminal Revision Petition has become infructuous and the learned counsel for the Petitioners is directed to file a memo to that effect immediately. Accordingly, the Criminal Revision Petition is dismissed, as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Srcm To 1.The III Additional District Sessions Judge, Cuddalore at Virdhachalam 2.The District Munsif Cum Judicial Magistrate, Neyveli 3.The Chief Judicial Magistrate, Cuddalore.

4.The Inspector of Police, Neyveli Thermal Police Station Cuddalore 5.The Public Prosecutor, Highcourt, Madras VG11(CO) SM/05/03/2021 Pre-Delivery Order in Crl.RC.No.440 of 2014 https://hcservices.ecourts.gov.in/hcservices/