Kaniraj v. Madasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD)No.1044 of 2023 KANIRAJ ... PETITIONER/APPELLANT/ACCUSED Vs MADASAMY ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to exempt the petitioner from surrender before the learned Judicial Magistrate Court No.II, Sathur pertaining to the sentence imposed in CA.No.80/2018 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur dt.18/8/2023 in confirming the judgment made in CC No.78/2014 on the file of the Learned Judicial Magistrate Court No.II, Sathur dated 20.06.2018. Prayer in CRL RC(MD). 1044/ 2023 :

To call for the records pertaining to the case in CA No.80/2018 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur and CC no.78/2014 on the file of the learned JM II, Sathur and set aside the conviction and sentence passed in C.A.No.80 of 2018 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur dated 18.08.2023 in confirming the judgment made in C.C.No.78 of 2014 on the file of the learned Judicial Magistrate Court No.II, Sathur dated 20.06.2018 and to allow this criminal revision.

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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.KARUNANIDHI R, Advocate for the petitioner while admitting the Criminal Revision Case., the Court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the judgment of conviction rendered by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, in C.A.No.80 of 2018 dated 18.08.2023, by confirming the judgment passed by the learned Judicial Magistrate No-II, Sathur, in C.C.No.78 of 2014, dated 20.06.2018, pending disposal of the above Criminal Revision Case.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as in the memorandum of grounds raised in this petition, this petition is allowed.

sd/- 20/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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2 THE JUDICIAL MAGISTRATE NO.II SATHUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-13957[I] dated 21/09/2023 )

ORDER

IN in CRL RC(MD)No.1044 of 2023 Date :20/09/2023 (2/2) SS/MGA/05/10/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3