Madras High CourtCRL A(MD)/8/2023disposed of

Subhash Chandra Kapoor v. The Deputy Commissioner Of Police

2023-02-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.A(MD)No.8 of 2023 Subhash Chandra Kapoor ... Appellant Vs.

State By: Deputy Commissioner of Police, Idol Wing, Crime Investigation Department, Anna Nagar, Chennai-600 040.

... Respondent Prayer: This Criminal Appeal has been filed under Section 374 of Cr.P.C., to call for the records and set aside the conviction and sentence imposed on the appellant vide judgment dated 01.11.2022 in C.C.No.1 of 2016 on the file of the Additional Chief Judicial Magistrate, Kumbakonam, Thanjavur District.

For Appellant : Mr.P.Pugalenthi For Respondent : Mr.S.Ravi Additional Public Prosecutor

JUDGMENT

On the point of jurisdiction, Crl.R.C(MD).No.92 of 2023 has been allowed, on that ground, the Criminal Appeal is transferred to Principal

District Judge, Thanjavur. The learned Principal District Judge, Thanjavur, is directed to receive the bundle and assign new number and issue notice to the parties. Since the appellant is in prison, notice may be served upon him through the Superintendent, Central Prison, Trichy and after issuing notice to the parties, the learned Principal District Judge, Thanjavur shall proceed in accordance with law.

2. The appellant is at liberty to move proper petition before the concerned Court seeking to suspend the sentence. The learned Principal District Judge, Thanjavur, is directed to consider the same, on its own merits without being influenced by any of the observations that were made by this Court.

16.02.2023 Index : Yes / No Internet : Yes/ No tta To:

1. Principal District Court, Thanjavur 2.Judicial Magistrate(Fast Track Court) No.1, Nagercoil.

G.ILANGOVAN,J tta Crl.A(MD)No.8 of 2023 16.02.2023