Madras High CourtCRL RC(MD)/196/2020allowed

M.A.Muthuraj v. T.V.S.Kannan

2020-02-21Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Revisional Jurisdiction ) Friday, the Twenty First day of February Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL RC(MD). No.196 of 2020 M.A.Muthuraj ... Petitioner/Appellant/Accused Vs T.V.S.Kannan. ... Respondent/Respondent/Complainant Prayer :- Criminal Revision Petition filed U/s 397 and 401 Cr.P.C., praying to set aside the conviction imposed in the Judgment dated 05.11.2019 made in C.A.No.152 of 2014 on the file of the Additional District Court, Srivilliputhur confirming the conviction imposed in the judgment dated 05.11.2014 made in C.C.No.175 of 2013 on the file of the Judicial magistrate, Rajapalayam, ORDER:- This Criminal Revision Petition coming on for orders on this day, upon perusing the Grounds of Revision and the orders passed by the Lower Appellate Court and Trial Court and upon hearing the arguments of Thiru. R. Gowri Sankar, Advocate for the Petitioner and of Thiru.N. Dilip Kumar, Advocate for the respondent, it is ordred as follows:

1. that the Criminal Revision Petition be and hereby is allowed, the affidavit filed by the respondent/complainant dated 21.2.2020 shall form part and parcel of the order;

2. that the Judgment of the Judicial Magistrate, Rajapalayam, passed in CC no.175 of 2013, dated 05.11.2014, which was confirmed by the Additional District Judge, Srivilliputhur in C.A.No.152 of 2014, dated 05.11.2019 are be and hereby is set aside; https://hcservices.ecourts.gov.in/hcservices/

3. that the Superintendent, Central Prison, Madurai, be and hereby is directed to release the accused forthwith, if he is no

longer required in connection with any other case or proceedings. ( Detailed Order will follow ) Sd/ Assistant Registrar /True copy/ /02/2020 Sub Assistant Registrar TO

1. The Additional District Judge, Srivilliputhur,

2. The Judicial Magistrate, Rajapalayam,

3. The Superintendent, Central Prison, Madurai, ORDER DATED : 21/02/2020 ========================== ADVANCE ORDER ========================== CRL RC(MD). No.196 of 2020 Allowing the CRL RC(MD). No.196 of 2020 by setting aside the conviction and sentence awarded to the Revision petitioner.

KK/SAR/21.02.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/