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Madras High CourtCRL A(MD)/544/2018allowed

Loganathan v. The Inspector Of Police

2021-08-18Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Appellate Jurisdiction) (Under Section 374 of Cr.P.C.) Wednesday, the Eighteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN AND The Hon`ble Mrs.Justice J.NISHA BANU CRL A(MD). No.544 of 2018

1. LOGANATHAN S/O.ARUMUGAM 124 MIDDLE STREET AKKARAIPATTI DEVIMANGALAM MANNACHANALLUR TALUK TRICHY DISTRICT

2. SATHISHKUMAR S/o.PALANIYANDI 4/14, EAST STEET AKKARAIPATTI, DEVIMANGALAM MANNACHANALLUR TALUK, TRICHY DISTRICT ... Appellants / 1st & 2nd Accused Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SIRUGANUR POLICE STATION TRICHY DISTRICT CR NO.172/2015 ... Respondent / Complainant Prayer :- This Criminal Appeal is filed under Section 374 of the Code of Criminal Procedure Code, praying to set aside the Judgment of conviction and sentence dated 11.12.2018 made in S.C. No.126 of 2017 passed by the Principal Sessions Judge, Trichy and acquit the appellants from the charges.

ORDER:- This Criminal Appeal is coming on for orders on this day, upon perusing the Grounds of Appeal and upon hearing the arguments of of Mr.N.R.Elango, Senior Counsel assisted by Mr.T.J.Ebenezer Charles, Advocate for the Appellants and of Thiru.S.Ravi, Standing Counsel for the State on behalf of the respondent, it is ordered as follows:

1. that the Judgment of Conviction and sentence dated 11.12.2018 in S.C. No.126 of 2017 passed by the Principal Sessions Judge, Trichy be and hereby is set aside and the appellants are acquitted from the charges and the appeal is allowed. https://hcservices.ecourts.gov.in/hcservices/

2. that the appellants/1st and 2nd accused are directed to released forthwith unless their custody are required for any other case pending against them.

( Detailed Order will follow ) Sd/- Assistant Registrar (P AND A ) // True Copy // / /2021 Sub Assistant Registrar(CS II) TO

1. THE PRINCIPAL SESSIONS JUDGE, TRICHY

2. THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION TRICHY DISTRICT

3. THE SUPERINTENDENT OF CENTRAL PRISON, TRICHY.

(In duplicate for communication to Accused)

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

RS 18/08/2021 2P/6C ORDER DATED : 18/08/2021 ========================== ADVANCE ORDER ========================== CRL A(MD). No.544 of 2018 Allowing the CRL A(MD).

No.544 of 2018 by setting aside the conviction and sentence awarded to the Appeal petitioner in S.C.No.126 of 2017 dated 11.12.2018 etc.

as stated within.

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