Zuria Ameen v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.R.C.No. 1323 of 2025 Zuria Ameen W/o. Mohammed Ameen, No.6-A, Muthukrishnan Street, Mylapore, Chennai - 600 004.
... Petitioner Vs The State rep. by The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Adyar, Chennai - 600 090.
Cr.No.74/ANI/2020 ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS to grant an order of exemption from surrendering before the trial Court in pursuance to the judgment dated 13.06.2025 in Crl.A.No.209/2023 on the file XX Additional Sessions District Judge and City Civil Court at Allikulam, Chennai - 600 003, confirming the conviction imposed in judgment dated 24.03.2023 made in C.C.No.1905 of 2021 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai - 600 015 by allowing Criminal Revision Petition.
For Petitioner : Mr.Dalit Tiger C.Ponnusamy
ORDER
This Criminal Miscellaneous Petition has been filed to grant an order
of exemption from surrendering before the trial Court in pursuance to the judgment dated 13.06.2025 in Crl.A.No.209/2023 on the file XX Additional Sessions District Judge and City Civil Court at Allikulam, Chennai - 600 003, confirming the conviction imposed in judgment dated 24.03.2023 made in C.C.No.1905 of 2021 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai - 600 015 by allowing Criminal Revision Petition.
2. Heard the learned counsel for the petitioner and perused the materials available on record.
3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Sections 279, 304(A) IPC and under Sections 134 (a&b) r/w. 187 MV Act in C.C.No.1905 of 2021 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai - 600 015. After full-fledged trial, the Trial Court convicted the petitioner and sentenced to undergo one month simple imprisonment and to pay a fine of Rs.1000/-, in default to undergo one week simple imprisonment for the offence under Section 279 IPC, to undergo six months simple imprisonment and to pay a fine a fine of Rs.9,000/-, in default to undergo one month simple imprisonment for the offence under Section 304(A) IPC, to undergo one month simple imprisonment
and to pay a fine of Rs.2,500/-, in default to undergo one week simple imprisonment for the offence under Section 134(a) r/w. 187 MV Act and to undergo one month simple imprisonment and to pay a fine of Rs.2,500/- in default to undergo one week simple imprisonment, for the offence under Section 134(b) r/w. 187 MV Act. Aggrieved by same, the petitioner preferred an appeal in Crl.A.No.209 of 2023 on the file of the XX Additional Sessions District Judge, City Civil Court, Allikulam, Chennai and the same was dismissed, confirming the sentence imposed by the Trial Court. Aggrieved by the same, the petitioner preferred revision before this Court along with this application to exempt him from surrendering before the Trial Court.
4. Both the Trial Court as well as Appellate Court convicted the petitioner for the offence under punishable under Sections 279, 304(A) IPC and under Sections 134 (a&b) r/w. 187 MV Act. Without surrendering before the Trial Court, the petitioner filed this petition seeking exemption from surrender. Therefore, the petitioner failed to make out a prima facie case for granting exemption and this Court is not inclined to entertain this petition seeking exemption from surrender before the lower court.
5. Accordingly, this Criminal Miscellaneous Petition is dismissed.
06.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order bkn
To
1. The XX Additional Sessions District Judge, City Civil Court at Allikulam, Chennai - 600 003.
2. The IV Metropolitan Magistrate, Saidapet, Chennai - 600 015
3. The Inspector of Police, J-2, Adyar Traffic Investigation Wing, Adyar, Chennai - 600 090.
4. The Public Prosecutor, Madras High Court.
G.K.ILANTHIRAIYAN. J, bkn in Crl.R.C.No. 1323 of 2025 06.08.2025