Subbiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC (MD) No.1111 of 2023 1 SUBBIAH 2 SARASWATHI 3 GURUSAMY ... Petitioners / Petitioners Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SRIVILLIPUTHUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO. 58/2006.) ... Respondent / Respondent 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 petitioners from surrendering to the judicial custody in pursuance of the sentence of 2 years rigorous imprisonment and to pay a fine of Rs.2000/- in default to pay, undergo further 3 months of simple imprisonment for offence u/s.419 IPC, 2 years rigorous imprisonment and t pay a fine of Rs.2.000/- in dafault to pay, undergo further 3 months of simple imprisonment for offence u/s.465 IPC, 2 years rigorous imprisonment and to pay a fine of Rs.2,000/- in default to pay, undergo further 3 months of simple imprisonment for offence u/s.471 IPC by its order in CC No.395 of 2007 dated 19.06.2018 on the file of the Judicial Magistrate No.2, 1/3

Srivilliputhur and confirmed by the Principal District and Sessions Court of Virudhunagar District at Srivilliputhur in Crl.A.No.84 of 2018 dated 22.08.2023 till the disposal of this Revision petition.

Prayer in CRL RC(MD). 1111/ 2023 :

To call for records and set aside the judgement in CrlA No.84/2018 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, dated 22.08.2023 confirming the judgment in CC No.395/2007 on the file of the Judicial Magistrate Court No.2, Srivilliputhur, dated 19.06.2018 and acquit the petitioners and allow the Criminal Revision Petition. 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.JOHN VINCENT.A, Advocate for the petitioners and of Mr.S.MANIKANDAN, Government Advocate (Crl. side) on behalf of the Respondent, while admitting the criminal revision case, the court made the following order:- When the matter is taken up for hearing today, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Criminal Miscellaneous Petition is dismissed as withdrawn. sd/- 11/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 2/3

To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Judicial Magistrate No.II, Srivilliputhur.

3.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

4.The Inspector of Police, Srivilliputhur Taluk Police Station, Virudhunagar District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL RC (MD) No.1111 of 2023 Date :11/10/2023 ED/VRS/SAR- (19/10/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3