V.Gurusamy v. Bommaiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN in Crl.RC.(MD).No.456 of 2024 V.GURUSAMY ... PETITIONER/PETITIONER Vs BOMMAIYA ... 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 undergoing the sentence imposed in C.A No. 85 of 2017 on the file of the learned Additional District and Sessions Judge, Srivilliputhur dt. 07.12.2023 confirming the judgment of conviction and sentence made in C.C.No.42 of 2015 on the file of Learned Judicial Magistrate Court, Srivilliputhur dated 24.05.2017 pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 456/ 2024 :

To call for the records and set aside the judgment made in Judgment made in C.A No. 85 of 2017 on the file of the learned Additional District and Sessions Judge, Srivilliputhur dt. 07.12.2023 confirming the judgment of conviction and sentence made in C.C.No.42 of 2015 on the file of Learned Fast Track Judicial Magistrate, Srivilliputhur dated 24.05.2017.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition filed in support thereof and upon hearing the arguments of M/S.SENTHIL.M.P, Advocate for the petitioner, the court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the petitioner from undergoing the sentence imposed in C.A.No.85 of 2017 on the file of the learned Additional District and Sessions Judge, Srivilliputhur, dated 07.12.2023 in confirming the judgment of conviction and sentence made in C.C.No.42 of 2015 on the file of the learned Judicial Magistrate Court, Srivilliputhur dated 24.05.2017 pending disposal of the Revision Petition.

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/- 26/04/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG TO 1 THE ADDITIONAL DISTRICT & SESSIONS JUDGE, SRIVILLIPUTHUR.

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2 THE JUDICIAL MAGISTRATE FAST TRACK COURT, SRIVILLIPUTHUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

ORDER

IN in Crl.RC.(MD).No.456 of 2024 Date :26/04/2024 SA/VR/SAR. /12.06.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3