Radhai v. S.Hariharasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in Crl.RC.(MD).No.462 of 2024 RADHAI ... PETITIONER/PETITIONER Vs 1 S.HARIHARASUBRAMANIAN 2 STATE OF TAMIL NADU REP. BY THE PUBLIC PROSECUTOR, NAGERCOIL.

... RESPONDENTS/RESPONDENTS 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 revision petitioner to surrender before the court to take Judgment dated 4/4/2018 passed by learned Fast Track Judicial Magistrate No.1 at Nagercoil in STC No.212/2016 which has also confirmed by Learned Additional District and Sessions Judge, Nagercoil vide his Judgement dated 05.04.2024 passed in C.A.No.66 of 2018 pending disposal of the above revision petition. Prayer in CRL RC(MD). 462/ 2024 :

To call for the records pertains to the Judgment dated 5/4/2024 passed by Learned Additional District and Sessions Judge, Nagercoil in CA.No.66/2018 which has confirmed the Judgment dated 4/4/2018 passed by learned Fast Track Judicial Magistrate I at Nagercoil in STC No.212 of 2016 and set aside the same. 1/3

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 M/S.ARUL T, Advocate for the petitioner and of MR.M.MUTHUMANIKKAM, Government Advocate(Crl.side) on behalf of the Respondent No.2, while admitting the Criminal Revision Case, 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, (FTC), Nagercoil, in C.A.No.66 of 2018 dated 05.04.2024, by confirming the judgment passed by the learned Judicial Magistrate No.1, Fast Track Court(Magisterial Level), Nagercoil, in S.T.C.No.212 of 2016, dated 04.04.2018, 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/- 30/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE NO.1, FAST TRACK COURT AT MAGISTERIAL LEVEL, NAGERCOIL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL

3. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,NAGERCOIL 4.THE PUBLIC PROSECUTOR, NAGERCOIL.

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

+1 CC to M/s.S.SUKUMAR, Advocate ( SR-5289[I] dated 02/05/2024 )

ORDER

IN in Crl.RC.(MD).No.462 of 2024 Date :30/04/2024 RK/GS (03/06/2024) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3