Madras High CourtCRL RC/1000/2020dismissed as infructuous

Subash Chandra Bose v. State Rep By

2023-01-05Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Subash Chandra Bose ... Petitioner Vs.

State represented by Inspector of Police, Perugavazhanthan Police Station, Thiruvarur District.

(Crime No.41 of 2018) ... Respondent Prayer: Criminal Revision Petition filed under Section 397 read with 401 Criminal Procedure Code, to set aside the order passed by the learned Principal District and Sessions Judge, Thiruvarur in C.A.No.4 of 2020 dated 28.09.2020 that the Criminal Appeal is partly allowed the sentence and conviction imposed by the learned Chief Judicial Magistrate, Thiruvarur in S.C.No.9 of 2019 by the judgment dated 19.12.2019 thereby convicting the appellant under Section 325 of I.P.C. had been modified and the appellant is convicted for the offence punishable under Section 324 of I.P.C. and sentenced to undergo 6 months rigorous imprisonment and the fine amount if any paid by the appellant shall be adjusted and the conviction and sentence passed by the Chief Judicial Magistrate, Thiruvarur in S.C.No.9 of 1/4

2019 with regard to offence under 294(b) and 506(ii) I.P.C. is set asided and the appellant is acquitted from the said charges. The period of detention already undergone by the appellant during the entire period in this case, is hereby set off and the trial Court is directed to secure the appellant to undergo the remaining period of imprisonment. For Petitioner : Mr.S.Yogaraja Sekar for Mr.Swami Subramanian For Respondent : Mr.R.Murthi Government Advocate (Crl.side)

ORDER

This Revision has been filed by the petitioner as against the order in C.A.No.4 of 2020 on the file of the learned Principal District and Sessions Judge, Thiruvarur by order dated 28.09.2020.

2.Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the Revision Petitioner does not want to get along with the Revision since, he has undergone the sentence of imprisonment imposed on him. Therefore, nothing survives for any further adjudication and prayed that this Revision may be dismissed as infructuous. 2/4

3.In view of the above submission made by learned counsel for the petitioner, this Criminal Revision Petition is dismissed as infructuous. 05.01.2023 Index: Yes/ No Speaking Order : Yes/ No gba To The Principal District and Sessions Judge, Thiruvarur.

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P.VELMURUGAN,J.

gba 05.01.2023 4/4