Madras High CourtCRL MP(MD)/14091/2022dismissed for nonprosecution

P. Muthaiah v. The Inspector Of Police

2023-02-06Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.14091 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.14091 of 2022 IN CRL A(MD) No.777 of 2022 P. MUTHAIAH ... APPELLANT/SOLE ACCUSED Vs THE STATE REP BY, THE INSPECTOR OF POLICE ARUPPUKOTTAI ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR.NO.6/2017 ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence passed against the petitioner by the learned Special Court of Exclusive Trial of Cases under Protection of Children from the Sexual Offences Act 2012 virudhunagar District at Srivilliputhur in Spl.S.C.No.9/2018 dated 12.08.2021, enlarge the petitioner on bail pending disposal of the above Criminal Appeal. PRAYER IN CRL A(MD)No. 777 of 2022:

To call for the record to set aside the judgment of conviction imposed up on him in special sessions case No. 9/2018 on the file of the Special Court for Exclusive Trial of Cases under Protection of Children from the Sexual offences Act 2012, Virudhunagar District at Srivilliputhur vide order dated 12.08.2021 and acquit the appellants herein.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. NAVEENKUMAR S P, Advocate for the petitioner and of MR.B.NAMBISELVAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed seeking suspension of sentence that has been imposed upon the petitioner by the learned Special Court of Exclusive Trial of Cases under Protection of Children from the Sexual Offences Act, 2012, Virudhunagar District at Srivilliputhur in Spl. S.C.No.9 of 2018 dated 12.08.2021. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.14091 of 2022 2.In spite of repeated adjournment, the petitioner is not in a position to argue the matter. So the matter has been listed finally today. Even today, the counsel for the petitioner is not ready to argue the matter.

3.Therefore, this criminal miscellaneous petition is dismissed for non prosecution.

4.Since the records have been received, Registry is directed to prepare the typed set of papers and list the main appeal in Crl.A. (MD).No.777 of 2022 in the usual course.

sd/- 06/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE SPECIAL JUDGE, FOR EXCLUSIVE TRIAL OF CASES UNDER PROTECTION OF CHILDREN FROM THE SEXUAL OFFENCES ACT 2012, VIRUDHUNAGAR DISTRIC AT SRIVILLIPUTHUR.

2 THE INSPECTOR OF POLICE ARUPPUKOTTAI ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

COPY TO THE SECTION OFFICER (PREPARE THE TYPED SET OF PAPERS) CRIMINAL SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.14091 of 2022 IN CRL A(MD) No.777 of 2022 Date :06/02/2023 PKP/BUC/SAR-2/14.02.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2