Madras High CourtCRL RC(MD)/401/2018dismissed as abated

Brahmoraj v. Enforcement Officer

2021-10-27Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.RC(MD).Nos.401 to 410 and 417 to 426 of 2018 and Crl.M.P(MD).Nos.5798, 5800, 5802, 5804, 5806, 5808, 5810, 5812 5814 and 5816 of 2018 in CRL.RC(MD).Nos.401 to 410 of 2018 and Crl.M.P(MD).Nos.5927, 5929, 5931, 5933, 5935, 5937, 5939, 5941, 5943 and 5945 of 2018 in CRL.RC(MD)Nos.417 to 426 of 2018 Brahmoraj Joint Managing Director, M/s. Swamiji Mills, Sivakasi, Virudhunagar District.

: Revision Petitioner/ 2nd accused in all the cases Vs.

Enforcement Officer, Employees Provident Fund Organisation, District Office - Sivakasi, Virudhunagar District.

: Respondent/respondent in all the cases COMMON PRAYER: These Criminal Revision Cases are filed to call for the records and set aside the order dated 28.03.2018 passed in Crl.A.Nos.2 to 6, 9, 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and 21 of 2012, by the Additional District and Sessions Judge, Virudhunagar, by reversing the order in C.C.Nos.6, 7 to 10, 13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003 respectively dated 09.01.2012 passed by the Judicial Magistrate No.II, Virudhunagar to conduct retrial in C.C.Nos.6, 7 to 10,13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003 respectively on her file.

For Petitioner in all cases : Mr. F.X. Eugene For respondent in all cases : No appearance COMMON ORDER These Criminal Revision Cases are directed against the Judgment passed in Crl.A.Nos.2 to 6, 9, 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and 21 of 2012, dated 28.03.2018 by the learned Additional District and Sessions Judge, Virudhunagar, 1/3

reversing the orders passed in C.C.Nos.6, 7 to 10, 13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003 respectively, dated 09.01.2012 on the file of the learned Judicial Magistrate No.II, Virudhunagar.

2. The revision petitioner is the second appellant/ second accused in all the Criminal Appeals. After trial, the learned Judicial Magistrate No.II, Virudhunagar has passed the Judgment dated 09.01.2012 in C.C.Nos.6, 7 to 10,13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003, convicting the revision petitioner and sentenced him. Challenging the conviction and sentence imposed on him, the revision petitioner filed Crl.A.Nos.2 to 6, 9, 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and 21 of 2012 before the Additional District and Sessions Judge, Virudhunagar. In the above said Criminal Appeals, the learned Additional District and Sessions Judge, Virudhunagar, has passed the Judgments, dated 28.03.

2018 setting aside the Judgment of conviction and sentence imposed by the trial Court and directed the trial Court to conduct the retrial of the cases and dispose of the same within a period of six months from the date of receipt of a copy of the said Judgments. Challenging the remand of cases for retrial, the second appellant / second accused has preferred the above revision cases.

3. Today, when the Criminal Revision Cases are taken up for hearing, the learned counsel appearing for the revision petitioner would submit that the revision petitioner had died on 09.01.2020 and he has also filed a memo to that effect. The said memo is record.

4. In view of the above, the Criminal revision cases are dismissed as abated. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To The Enforcement Officer, Employees Provident Fund Organisation, District Office - Sivakasi, Virudhunagar District.

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COPY TO:- 1.The Additional District and Sessions Judge, Virudhunagar.

2.The Judicial Magistrate No.II, Virudhunagar.

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) CRL.RC(MD).Nos.401 to 410 and 417 to 426 of 2018 and Crl.M.P(MD).Nos.5798, 5800, 5802, 5804, 5806, 5808, 5810, 5812 5814 and 5816 of 2018 in CRL.RC(MD).Nos.401 to 410 of 2018 and Crl.M.P(MD).Nos.5927, 5929, 5931, 5933, 5935, 5937, 5939, 5941, 5943 and 5945 of 2018 in CRL.RC(MD)Nos.417 to 426 of 2018 27.10.2021 SRK(CO) GC/JC(11.11.2021) 3P 6C 3/3