Madras High CourtCRL RC(MD)/487/2016disposed of

Nagarajan v. P.Chandrasekaran

2016-07-15Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Fifteenth day of July Two Thousand and Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL RC(MD) No.487 of 2016 AND CRL.MP(MD)NO.5730 OF 2016 NAGARAJAN S/O.MADURAIVEERAN, ...PETITIONER/APPELLANT/ACCUSED Vs P.CHANDRASEKARAN ... RESPONDENT/RESPONDENT/COMPLAINANT. Criminal Revision filed under Section 397 r/w 401 of Criminal Procedure Code, preferred against the conviction and sentence dated 12.09.2014 passed by the Judicial Magistrate, Fast Track Court at Magisterial Level, Tuticorin made in C.C.No. 171 of 2012 and the Appeal dismissed for non-prosecution by the order dated 23/02/2015 made in Crl.A.No.70/2014 on the file of the II Additional District Sessions Judge, Tuticorin.

Order: This Revision Case coming on for hearing on this day, upon perusing the grounds of Revision and proceedings before the Court of Sessions and the Magisterial level and upon hearing the arguments of M/S V.MALAIYENDRAN, Advocate for the Revision petitioner and of MR.T.SELVAN,Advocate for the Respondent it is ordered as follows:- (i) That, the Criminal Revision Petition be and hereby is allowed; (ii) That, the order of dismissal, dated 23.02.2015 passed in Crl.A.No.70 of 2014, by the learned II Additional District and Sessions Judge, Tuticorin be and hereby is set aside;

(iii) That, permission is accorded to compound the offence; (iv) That, the Superintendent, Central Prison, Palayamkottai be and hereby is directed to release the revision Petition immediately, if he is no longer required in connection with any other case. (Detailed Judgment will follow) Assistant Registrar(CS-I) TO 1 THE II ADDITIONAL DISTRICT SESSIONS JUDGE, TUTICORIN.

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2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT AT MAGISTERIAL LEVEL TUTICORIN.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

DATED : 15/07/2016 ADVANCE ORDER CRL RC(MD) No.487 of 2016 AND CRL.MP(MD)NO.5730 OF 2016 Allowing the Revision preferred against the Conviction and sentence passed by the Judicial Magistrate, Fast Track Court at Magisterial level, Tuticorin dated 12/09/2014 made in CC No. 171 of 2012 as dismissed for non-prosecution by the order dated 23/02/2015 made in Crl A No.

70 of 2014 on the file of the II Additional District Sessions Judge, Tuticorin and etc., as stated within.

AM/NGM.MP/SAR-III/15.07.2016/2P/4C (by FAX) https://hcservices.ecourts.gov.in/hcservices/