Madras High CourtCRL RC(MD)/792/2021closed

Selvaraj @ K.Selvam v. C.Palanichamy

2021-12-13Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.792 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.792 of 2021 and CrlM.P.(MD)No.9275 of 2021 Selvaraj @ K.Selvam .. Petitioner Vs.

C.Palanichamy .. Respondent Prayer : This criminal revision case is filed under Section 397 r/w. Section 401 of Cr.P.C., to call for the records pertaining to the order in so for as imposing an onerous condition in Cr.M.P.No.3173 of 2021, in C.A.No.63 of 2021, on the file of the Principal Sessions Judge, Theni and to set aside the same and to allow the Criminal Revision.

For Petitioner : Mr.P.Muthu Vijaya Pandian For Respondent : Mr.K.Sivabalan

ORDER

This Criminal Revision Case has been filed to set aside an onerous condition in Cr.M.P.No.3173 of 2021, in C.A.No.63 of 2021, on the file of the Principal Sessions Judge, Theni. 2.On the side of the petitioner, it is stated that the petitioner has filed a petition in Cr.M.P.No.3173 of 2021, before the Principal Sessions Judge, Theni, to suspend the sentence imposed by the Judicial Magistrate, Fast Track Court, Theni, in S.T.C.No.109 of 2019. The Principal Sessions Judge, has allowed the suspension of sentence petition on condition that he has to deposit 20% of the compensation amount with interest. Against the onerous condition, the revision petitioner has approached this Court by way of Revision. Along with the revision, he has filed a petition in Crl.M.P.(MD)No.9275 of 2021, to stay the operation of the impugned order. In the stay petition, on 16.11.2021, this Court has passed a stay order on condition that he has to deposit 20% of the compensation amount.

3. Today (ie.13.12.2021), when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner has already deposited 20% of the compensation amount and the prayer sought for in the main revision become infructuous.

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Crl. R.C.(MD)No.792 of 2021

4. The Criminal revision itself is against the order of deposit. Since the revision petitioner has already deposited the amount, nothing survives for further adjudication. Hence, this Criminal Revision Case is closed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Sessions Judge, Theni.

2.The Section Officer, Criminal Records Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SIVABALAN, Advocate (SR-38469[F] dated 13/12/2021) Crl. R.C.(MD)No.792 of 2021 13.12.2021 MA(CO) SB(28.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2