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Madras High CourtCRL RC(MD)/667/2025allowed

Kannan v. The State Of Tamil Nadu,

2025-06-16Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI 1.Kannan 2.Marimuthu @ Ombodu 3.Thirisangu @ Thirusangu 4.Sonaiprakash ... Petitioners/Accused Nos.1-4 Vs.

1.The State of Tamil Nadu rep.by The Inspector of Police, Perungudi Police Station, Madurai.

(Crime No.261/2015) ... Respondent/Complainant 2.Narasiman ... Respondent/De-facto Complainant Prayer : Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, to call for the records relating to impugned judgment of conviction and sentence, dated 09.12.2015 in S.T.C.No.1018 of 2015 on the file of the learned Judicial Magistrate No.VI, Madurai and set aside the same and acquit the petitioners.

For Petitioner : Mr.G.Karuppasamy Pandian 1/5

For R1 : Mr.S.Ravi Additional Public Prosecutor For R2 : Mr.B.Micheal Sebastin

ORDER

This criminal revision case is directed against the judgment of the learned Judicial Magistrate No.VI, Madurai in S.T.C.No.1018 of 2015, dated 09.12.2015.

2. The 1st respondent police registered an F.I.R in Crime No.261 of 2015 as against the petitioners for the offences under Section 294(b), 323, 324, 506(ii) of IPC and subsequently, the 1st respondent altered the offence under Section 294(b) of IPC while filing final report on 04.12.2015 before the learned Judicial Magistrate No.VI, Madurai which was taken cognizance as S.T.C.No.1018 of 2015.

3. On 09.12.2015, the petitioners herein pleaded guilty and paid a fine amount of Rs.250/- each admitting their guilt. After recording the guilt of the petitioners, the learned Judicial Magistrate No.VI was pleased to pass judgment holding that the petitioners are guilty and have totally paid a sum of Rs.1000/- as ordered by the learned Judicial 2/5

Magistrate and on the same day, they were let free. Challenging the above said order, this criminal revision case has been filed.

4. When the matter is taken up for hearing, the learned counsel for the petitioners submitted that compromise has been arrived at between the petitioners herein and the defacto complainant. All the four petitioners and defacto complainant have appeared before me and had submitted that they have compromised the matter and in that regard, compromise memo has also been filed. It is understood that one among the petitioners is awaiting Tamil Nadu Uniform Services. Considering the future prospects of the petitioners herein and the age of the petitioners, this Court finds it necessary to set aside the order of conviction and sentence. Accordingly, this Court sets aside the conviction dated 09.12.2015 in S.T.C.No.1018 of 2015 and holds the accused not guilty. It is made clear that the order passed by the Judicial Magistrate No.VI, Madurai in S.T.C.No.1018 of 2015 will not stand as an impediment in future with respect to these petitioners in matters of appointment in any Government or Private post. 3/5

5. Accordingly, this Criminal Revision Case is disposed of. 16.06.2025 gbg To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Perungudi Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

L.VICTORIA GOWRI ,J.

gbg Order made in Crl.R.C.(MD)No.667 of 2025 Dated: 16.06.2025 5/5