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Madras High CourtCRL MP(MD)/2611/2021dismissed

Nepolian Britto v. The Inspector Of Police

2021-03-26Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.2611 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.2611 of 2021 IN Crl.R.C.(MD)No.260 of 2021 NEPOLIAN BRITTO ... PETITIONER/ PETITIONER Vs STATE REP.BY THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

... RESPONDENT/ RESPONDENT 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 surrendering for imprisonment passed by the Learned Additional District and Sessions Judge, Dindigul Pertaining to its Judgment dated 11.12.2020 in Crl.A.No.13 of 2020 cnfirming the conviction and sentence imposed by the Chief Judicial Magistrate, Dindigul in its judgment dated 24.01.2020 in C.C.No.6 of 2018 pending disposal of this Criminal Revision. Prayer in Crl.A.(MD)No.260 of 2021:

To call for the records of learned Additional District and Sessions Judge, Dindigul pertaining to its judgment dated 11.12.2020 in Crl.A.No.13 of 2020 confirming the conviction and sentence imposed by the Chief Judicial Magistrate, Dindigul in its judgment dated 24.01.2020 in C.C.No.6 of 2018 and set aside the judgments of Court below acquit the petitioner. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.A.ARUL JENIFER, Advocate for the petitioner and of Mrs.S.BHARATHI, Government Advocate for the Respondent, While admitting the Criminal Revision, the court made the following order:- This petition has been filed to exempt the petitioner from surrendering before the lower Court.

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CRL MP(MD) No.2611 of 2021 2.Heard the arguments of the learned counsel for the petitioner and the learned Government Advocate.

3.The petitioner is not exempted from surrendering before the trial Court and the petitioner is directed to surrender before the learned Chief Judicial Magistrate, Dindigul, within a period of two weeks from the date of receipt of copy of this order. 4.Accordingly, this petition is dismissed.

sd/- 26/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.

2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE SEMPATTI POLICE STATION,DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.2611 of 2021 IN Crl.R.C.(MD)No.260 of 2021 Date :26/03/2021 MRN MS/VR/SAR-1/29.03.2021/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2