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Madras High CourtCRL RC/1011/2020disposed of

A.Senguttuvan @ Sengodan v. The Sub Divisional Magistrate And

2021-01-07Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.1011 of 2020 and Crl.M.P.No.7015 of 2020 A.Senguttuvan @ Sengodan ... Petitioner

Versus

1. The Sub Divisional Magistrate and Revenue Divisional Officer, Madhuranthagam, Chengalpattu District.

2. The Inspector of Police, G1, Mathuranthagam Police Station, Chengalpattu District.

... Respondents PRAYER:

Criminal Revision petition is filed under Section 397 r/w.401 Cr.P.C seeking to set aside the order of conviction of the petitioner passed by the Sub Divisional Magistrate and Revenue Divisional Officer, Madhuranthagam in M.C.No.54 of 2020/Na.Ka.1758/2020Aa dated 23.09.2020.

For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.K.Madhan Government Advocate (Criminal Side)

O R D E R

This Criminal Revision Petition has been filed seeking to set aside the order of conviction of the petitioner passed by the Sub Divisional Magistrate and Revenue Divisional Officer, Madhuranthagam in M.C.No.54 of 2020/Na.Ka.1758/2020Aa dated 23.09.2020.

https://hcservices.ecourts.gov.in/hcservices/

2. The averment in the case is that the petitioner is a history sheeter. Hence on 20.07.2020 under Section 110 Cr.P.C, he was produced before the concerned authority in MC.No.54 and directed to execute a bond for good behavior in Crime No.1701 of 2020. Thereafter, within one year he has committed the offence and breached the same. Therefore he was recommended for punishment on 31.08.2020 before the Court below. Thereafter,a case was registered in Crime No.132 of 2019 under Section 294 (B), 324, 506(II) IPC on 10.04.2019 and punished for breach of bond. Therefore, he has filed the present petition.

3. The learned counsel for the petitioner would submit that legal assistance have not been provided to the petitioner. Hence, he seeks to allow this petition.

4.Therefore, considering the above submission, the order passed by the respondent is set aside and remitted back to the respondent and directed to provide legal assistance to the petitioner and dispose the case in accordance with law.

5. Accordingly, this Criminal Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mpa To

1. The Sub Divisional Magistrate and Revenue Divisional Officer, Madhuranthagam, Chengalpattu District.

2. The Inspector of Police, G1, Mathuranthagam Police Station, Chengalpattu District.

Copy to

3. The Section Officer, Highcourt, Madras-104.

+ CC to Mr. M.P. SARAVANAN, ADVOCATE, SR.NO.1165 SSI(CO) SM/15/02/2021 Crl.RC.No.1011 of 2020 https://hcservices.ecourts.gov.in/hcservices/