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Madras High CourtCRL MP(MD)/3596/2022dismissed

M.Ravikumar v. Rani

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL MP(MD) No.3596 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.3596 of 2022 IN CRL RC(MD) No.223 of 2022 M.RAVIKUMAR ... PETITIONER/APPELLANT/ACCUSED Vs RANI REP.BY HER POWER HOLDER MURUGESAN ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence made in dated 19.09.2017 made in C.C No. 93/2013 on the file of the Judicial Magistrate (Fast track) No.II, Nagercoil, Kanyakumari district as confirmed by the judgment dated 25.11.2019 made in C.A No. 156 of 2017 on the file of the Learned Additional District & Sessions Judge (Fast Track Court), Nagercoil, Kanyakumari District pending disposal of the above Criminal Revision Case.

PRAYER IN CRL R.C.(MD) NO.223 OF 2022 :

Pleased to call for the records and allow the revision and set aside the conviction and sentence dated 19.09.2017, made in C.C.No.93/2013 on the file of the Judicial Magistrate (Fast Track) No.II, Nagercoil, Kanyakumari District as confirmed by the Learned Additional District & Sessions Judge (Fast Track Court), Nagercoil, Kanyakumari District.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. ANTO PRINCE.G., Advocate for the petitioner, the court made the following order:- This petition is filed to suspend the sentence passed in C.C.No.93 of 2013, dated 19.09.2017, by the learned Judicial Magistrate (Fast Track) No.II, Nagercoil, Kanyakumari District and the same was confirmed by the learned Additional District and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3596 of 2022 Sessions Judge (Fast Track Court), Nagercoil, Kanyakumari District in C.A.No.156 of 2017, dated 25.11.2019, pending disposal of the Criminal Revision Case.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that the petitioner was not in a position to mobilise the said amount as ordered by this Court and hence he could not be able to deposit the said amount before the Court below on or before 04.04.2022. Since the petitioner has not satisfied one of the condition (Condition No.1) as ordered by this Court, this Court has no other option except to dismiss the suspension of sentence already granted by this Court on 21.03.2022.

3. Accordingly, this Criminal Miscellaneous Petition stands dismissed.

sd/- 05/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT & SESSIONS JUDGE, (FAST TRACK COURT), NAGERCOIL, KANYAKUMARI DISTRICT.

2. THE JUDICIAL MAGISTRATE (FAST TRACK) NO.II, NAGERCOIL.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

ORDER IN CRL MP(MD) No.3596 of 2022 IN CRL RC(MD) No.223 of 2022 Date :05/04/2022 mga PKP/SVR/SAR-2/06.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2