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Madras High CourtCRL MP(MD)/3993/2023withdrawn dismissed

Kumar v. The Inspector Of Police

2023-07-20Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.S.RAMESH and The Hon`ble Mr.Justice M.NIRMAL KUMAR in Crl.A.(MD).No.609 of 2022 KUMAR ... PETITIONER/APPELLANT Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT.

(IN CRIME NO.305/2019) ... RESPONDENT/RESPONDENT 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 of imprisonment for life for offence under Section 302 of IPC and to pay fine of Rs.5,00,000/- (Rupees Five lakhs only) in default of fine amount to undergo 3 years simple imprisonment, for an offence u/s 201 of IPC sentenced to undergo 7 years rigorous imprisonment imposed on the appellant by the learned Principal District and Sessions Judge, Pudukottai, by his Judgment dated 16.06.222 in S.C.No.98/2020 pending disposal of this Criminal Appeal.

Prayer in Crl.A.(MD).No.609 of 2022:

To call for records and allow the appeal and acquit the appellants by setting aside the judgment dated 16.06.2022 in S.C.No.98 of 2020 on the file of the Learned Principal District and Sessions Judge, Pudukottai. 1/4

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.GANAPATHI SUBRAMANIAN P, Advocate for the petitioner and of M/S.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- (Order of the Court was made by M.S.RAMESH,J.) The learned counsel for the petitioner seeks permission of this Court to withdraw this petition filed for suspension of sentence. He has also made an endorsement to that effect.

2. Accordingly, this Criminal Miscellaneous Petition stands dismissed as withdrawn.

3. Though a specific direction was given on 01.12.2022 to the Registry to make the paperbook ready, the same is yet to be prepared. Hence, Registry shall comply with the earlier orders of this Court on 01.12.2022 and make the paperbook ready at least before 31.08.2023.

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4. Post the Criminal Appeal for final hearing on 04.09.2023. sd/- 20/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

lm TO 1.THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKOTTAI. 2.THE SUPERINTENDENT, CENTRAL PRISON, TRICY.

3.THE INSPECTOR OF POLICE KEERANUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

COPY TO 1 THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, CRIMINAL RECORDS, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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3.THE SECTION OFFICER, PRESS COPY SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.A.(MD).No.609 of 2022 Date :20/07/2023 RK/DD (27/07/2023) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4