Madras High CourtCRL MP(MD)/9256/2025dismissed

K. Venkatesh v. The State Of Tamilnadu

2025-08-04Honourable Dr Justice R.N.Manjula4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/08/2025

CORAM

THE HONOURABLE DR. JUSTICE R.N.MANJULA CRL MP(MD). No.9256 of 2025 in Crl.R.C(MD) SR No.25611 of 2025 K. Venkatesh ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, SPF/CBI/ACB/Madurai Rc No. 229/2019(A) 0011.

... Respondent PRAYER in Crl.MP(MD) No.9256 of 2025:- This Criminal Miscellaneous Petition is filed to condone the delay of 1196 days in preferring this Criminal Revision as against the order dt. 06.01.2020 Crl.M.P.No. 1598/2019 in C.C.No. 1309/2022 on the file of the Chief Judicial Magistrate, Madurai.

PRAYER in Crl.RC(MD) SR No.25611 of 2025:- This Criminal Revision Petition is filed to call for the records connected with the order dated 06.01.2020 in Crl.M.P.No. 1598/2019 in C.C.No. 1309/2022 on the file of the Chief Judicial Magistrate, Madurai and set aside the same. For Petitioner : Dr.R.Alagumani For Respondent : Mr.C.Muthusaravanan, Special Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner to condone the delay of 1196 days in filing the Criminal Revision challenging the order of the learned Chief Judicial Magistrate, Madurai, dated 06.01.2020 made in Crl.M.P.No. 1598 of 2019 in C.C.No. 1309 of 2022. 2.The petition in Crl.M.P.No.1598 of 2019 has been filed by one of the accused by name Sevugapandian under Section 306 of Cr.P.C seeking to tender of pardon and that has been allowed.

3.Now, this petitioner, who is an yet another accused in the said case has filed this petition stating that he is affected by the impugned order by accepting the tender of pardon of Sevugapandian.

4.Even without the tender of pardon, the accused shall be impleaded based on the confession given by the co-accused. If any accused feels that he has been impleaded just on the confession given by the co-accused and without any supporting materials, he has the option either to go for trial and participate in the same or to file a discharge petition.

5.Curiously, the petitioner has filed this petition to condone the delay of 1196 days in challenging the order passed in favour of the some other accused, who had sought permission for tender of pardon.

6.The learned counsel for the petitioner submitted that the petitioner's interest is affected in view of accepting the pardon of Sevugapandian. 7.If the petitioner is affected, he can cross examine the said Sevugapandian at the time when he was examined as a witness and he cannot challenge the order based on the petition filed by Sevugapandian. 8.Since the revision petition itself is not maintainable, there is no necessity to condone the delay as requested and that will only multiply the proceedings and cause unnecessary wastage of judicial time. 9.Accordingly, this Criminal Miscellaneous Petition stands dismissed. Consequently, the Criminal Revision is rejected at SR stage itself. Sd/- 04.08.2025 // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV)

PNM TO

1. The Chief Judicial Magistrate, Madurai.

2. The Inspector of Police, SPF/CBI/ACB/Madurai Rc No. 229/2019(A) 0011.

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

CRL MP(MD) No.9256 of 2025 Date : 04/08/2025 TS (02/09/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.