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Madras High CourtCRL MP(MD)/754/2024allowed

S.Essaki v. K.Valathan

2024-01-29Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL RC(MD)No. 57 of 2024 S.ESSAKI ... PETITIONER/PETITIONER Vs K.VALATHAN ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Exempt the petitioner from surrender, as per the judgment made in Criminal Appeal No.40/2023 on the file of the Principal Sessions Judge, Thanjavur dated 01.11.2023 uphelding the judgment and sentence passed in STC.No.126/2019 by the Judicial Magistrate, Fast Track Court at Magisterial level, Thanjavur dated 14.11.2022. Prayer in CRL RC(MD). 57/ 2024 :

To call for the records and set aside the judgment and sentence passed in CA.No.40/2023 on the file of the Principal Sessions judge, Thanjavur dated 01.11.2023 uphelding the judgment and reducing the sentence passed in STC.No.126 of 2019 on the file of the Judicial Magistrate, Fast Track Court (Magisterial level) Thanjavur dated 14.11.2022 and allow this revision case. 1/3

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.N.TAMILMANI, Advocate for the petitioner, While admitting the Criminal Revision Case, the court made the following order:- The Revision Petitioner seeks exemption from surrender. 2.Considering the nature of the case and the concurrent findings of the Courts below, this Court is of the opinion that in order to afford an opportunity for the revision petitioner to settle the dispute, the petitioner is exempted from surrender. sd/- 29/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL TO THE PRINCIPAL SESSIONS JUDGE THANJAVUR.

THE JUDICIAL MAGISTRATE, FAST TRACK COURT, (MAGISTERIAL LEVEL) THANJAVUR.

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DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

COPY TO THE SECTION OFFICER,(CALL FOR RECORDS) CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.N.TAMILMANI, Advocate ( SR-1083[I] dated 29/01/2024 )

ORDER

IN IN CRL RC(MD)No. 57 of 2024 Date :29/01/2024 PKP/VR/SAR /31.01.2024/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3