M.Paramasivam v. Karuppasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD)No. 276 of 2024 M.PARAMASIVAM ... PETITIONER/REVISION PETITIONER Vs KARUPPASAMY ... RESPONDENT/RESPONDENT Criminal Miscellaneous 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 before the trial Court in pursuance to the judgment rendered by the Learned Additional District and Sessions Judge, Virudhunagar in C.A.No.33 of 2021 dt.29.01.2024 confirming the conviction and sentence imposed by the Learned Judicial Magistrate Court No.1, Virudhunagar in C.C.No. 195 of 2014 vide his judgment dated 14.09.2021 pending the disposal of the main criminal revision petition pending on the file of this Hon'ble Court. Prayer in CRL RC(MD). 276/ 2024 :

To call for the entire records relating to the impugned order in Crl.A.No.33 of 2021 on the file of Additional District and Sessions Court, Virudhungar dt.29.01.2024 in confirming and the judgment of conviction made in C.C.No.195 of 2014 on the file of the Learned Judicial Magistrate Court No.1, Virudhunagar dated 14.09.2021 and set aside the same and acquit the Revision Petitioner/Appellant/Accused from the charges leveled against him.

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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.G.MARIAPPAN, Advocate for the petitioner and of respondent not appearing either in person or by an advocate, the court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the judgment of conviction rendered by the learned Additional District Judge and Sessions Judge, Virudhunagar, in C.A.No.33 of 2021 dated 29.01.2024, by confirming the judgment passed by the learned Judicial Magistrate No.1, Virudhunagar in C.C.No.195 of 2014, dated 14.09.2021, pending disposal of the above Criminal Revision Case.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as in the memorandum of grounds raised in this petition, this petition is allowed.

sd/- 05/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-4238[I] dated 05/04/2024 )

ORDER

IN in CRL RC(MD)No. 276 of 2024 Date :05/04/2024 PKP/JGB/SAR /15.04.2024/ 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3