Inspector Of Police v. Mariyappan

D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 08.10.2025 However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.84 of 2022 of Judicial Magistrate Court No.II, Udumalpet, Udumalpet,) For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

2. This is an accident case, complaining of an offence under Sections 279, 304(A) of IPC. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in Suo Motu Crl.No.618 of 2025.

3. In that view of the matter, the following was considered: (i) The accident was not due to any aggravated or egregious conduct. (ii) The victim has received compensation.

(iii) The accused has no previous or subsequent case and a due report from the probationary officer regarding his conduct has already been received.

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(iv) The accused has also been facing the case all these years.

4. In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Sections 279, 304(A) of IPC. However, without proceeding to sentence the accused, this Court releases the petitioner on probation under the Probation of Offenders Act, 1958, on the following conditions: (a) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which he shall appear before this Court to receive sentence. (b) It is made clear that, as per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.

5. Accordingly, the case in C.C.No.84 of 2022 of Judicial Magistrate Court No.II, Udumalpet, Udumalpet, shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of. jer 08.10.2025 electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned."

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D.BHARATHA CHAKRAVARTHY, J., jer 17.11.2025 Page No.3 of 3