S.Karthick v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2022 CORAM :

THE HONOURABLE Ms. JUSTICE R.N.MANJULA 1.S.Karthick 2.G.Palraj ... Petitioners Vs State, represented by Sub Inspector of Police Fairlands Police Station Salem City.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to set aside the order dated 16.08.2021 passed in Crl.M.P No.344 of 2021 in C.A.No.23 of 2021 on the file of the III Additional District Judge, Salem.

For Petitioners : Mr.N.Premalatha For Respondent : Mr.A.Damodaran for R1 Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed, seeking to set aside the order of the learned III Additional District Judge, Salem dated 16.08.2021, made in Crl.M.P No.344 of 2021 in C.A.No.23 of 2021. 1/4

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

3. The petitioner is the accused ,who was convicted for an offence under Section 392 IPC in the case in C.C No.115 of 2016 tried before the Judicial Magistrate No.V, Salem; subsequently, the petitioner had filed a petition in Crl.M.P No.344 of 2021 in C.A.No.23 of 2021 before the III Additional District Judge, Salem seeking for suspension of sentence and the said petition was dismissed; aggrieved over that, this criminal original petition has been filed.

4. The records would show that the judgment of the learned Magistrate was passed on 23.02.2021 . The punishment imposed was to undergo imprisonment for one year R.I and fine of Rs.1000/- , in default to undergo one month imprisonment. So far, the appeal has not yet been taken up for final disposal. Hence, I feel it is appropriate to direct the III Additional District Judge, Salem to dispose the appeal itself within a period of four weeks from the date of receipt of a copy of this order. 2/4

5. With the above direction, this Criminal Original Petition is disposed of .

16.11.2022 Index : Yes/ No Speaking Order:Yes/No uma To

1. The III Additional District Judge, Salem.

2. The Sub Inspector of Police Fairlands Police Station Salem City.

3. The Public Prosecutor High Court of Madras.

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R.MANJULA, J uma Crl.O.P.No.16798 of 2021 16.11.2022 4/4