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Madras High CourtCRL MP(MD)/7337/2024allowed

Prabhakaran v. Natarajan

2024-07-24Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD)No. 708 of 2024 PRABHAKARAN ... PETITIONER/PETITIONER /APPELLANT/ACCUSED Vs NATARAJAN ... RESPONDENT/RESPONDENT /RESPONDENT/COMPLAINANT 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/petitioner/appellant/accused from surrendering in pursuance to the judgment of conviction and sentence passed in C.A.No.35/2023 dt 08.07.2024 on the file of the learned Principal Sessions Judge, Sivagangai confirming the order of conviction and sentence passed in C.C.No. 90/2021 dated 17.03.2023 on the file of the learned Judicial Magistrate, Fast Track Court, Karaikudi till the disposal of the revision petition.

Prayer in CRL RC(MD). 708/ 2024 :

To call for the records relating to the judgment passed in C.A.No.35/2023 dt 08.07.2024 on the file of the learned Principal Sessions Judge, Sivagangai confirming the order of conviction and sentence passed in CC.No.90/2021 dt 17.03.2023 on the file of the learned Judicial Magistrate Fast Track Court, Karaikudi and set aside the same and acquit the petitioner/appellant/accused from the charge 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.R.VENKATESWARAN, Advocate for the petitioner, the court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the petitioner from surrendering in pursuance to the judgment of conviction and sentence passed in C.A.No.35 of 2023 dated 08.07.2024 on the file of the learned Principal Sessions Judge, Sivagangai confirming the order of conviction and sentence passed in C.C.No.90 of 2021 dated 17.03.2023 on the file of the learned Judicial Magistrate Fast Track Court, Karaikudi, till the 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/- 24/07/2024 / TRUE COPY / 25/07/2024 Sub-Assistant Registrar (Judicial) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL SESSIONS JUDGE SIVAGANGAI.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, KARAIKUDI.

3 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

+1 CC to M/s.R.VENKATESWARAN, Advocate ( SR-8433[I] dated 24/07/2024 )

ORDER

IN in CRL RC(MD)No. 708 of 2024 Date :24/07/2024 PKP/25.07.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3