Madras High CourtCRL RC(MD)/444/2026disposed of

S.Ummal Hanaya Begam v. M.Zahirudeen

2026-03-10Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & Crl.M.P.(MD)No.5392 of 2026 S.Ummal Hanaya ... Petitioner Vs.

M.Zahirudeen ... Respondent PRAYER : Revision filed under Section 438 r/w 442 of BNSS, 2023 to allow the revision and set aside the conviction and sentence dated 30.05.2025, made in STC No.748 of 2022 on the file of the Judicial Magistrate Court No.II (FTC), Madurai, as dismissed by the appeal dated 09.12.2025, made in Crl.MP.No.5308 of 2025 in Crl.Appeal No. Unnumbered of 2025 on the file of the Principal Sessions Judge, Madurai.

For Petitioner : Mr.B.Arun

ORDER

This criminal revision case has been filed seeking to set aside the conviction and sentence dated 30.05.2025, made in STC No.748 of 2022 on the file of the Judicial Magistrate Court No.II (FTC), Madurai, as dismissed by the 1/4

appeal dated 09.12.2025, made in Crl.MP.No.5308 of 2025 in Crl.Appeal No. Unnumbered of 2025 on the file of the Principal Sessions Judge, Madurai.

2. The learned counsel appearing for the revision petitioner submitted that the petitioner filed a petition in Crl.MP.No.5308 of 2025 in Crl.Appeal No. Unnumbered of 2025 under Section 430 of BNSS, 2023, seeking suspension of sentence before the learned Principal Sessions Judge, Madurai. Due to inadvertence, the petitioner's counsel failed to appear before the Court and on that ground, the impugned order was passed dismissing the said petition.

3. The learned counsel appearing for the revision petitioner further submitted that now, the revision petitioner is ready to comply with the order dated 30.05.2025, made in STC No.748 of 2022 on the file of the Judicial Magistrate Court No.II (FTC), Madurai, by paying the entire compensation as directed therein.

4. Heard the learned counsel for the revision petitioner and carefully perused the materials placed before this Court. Considering the nature of the order proposed to be passed in this petition, notice to the respondent is dispensed with.

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5. In view of the above, the order dated 09.12.2025, made in Crl.MP.No. 5308 of 2025 in Crl.Appeal No. Unnumbered of 2025 on the file of the Principal Sessions Judge, Madurai is set aside, on condition that the petitioner shall pay the entire compensation amount, as directed under order dated 30.05.2025, made in STC No.748 of 2022 on the file of the Judicial Magistrate Court No.II (FTC), Madurai, on or before 27.03.2026. If the said amount is not paid within the stipulated time as aforesaid, this criminal revision case stands automatically dismissed, without further reference to this Court.

6. With the above direction, this criminal revision case stands disposed of. Consequently, connected miscellaneous petition is closed. 10.03.2026 NCC : Yes / No Index : Yes / No Sm Note: Issue order copy on 11.03.2026.

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L.VICTORIA GOWRI, J.

Sm TO:-

1. The Judicial Magistrate Court No.II (FTC), Madurai. 2.The Principal Sessions Judge, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated 10.03.2026 4/4