Ramadurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Fifth day of December Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR in Crl. R.C.(MD)No.696 of 2011 Ramadurai S/o. Chinnappan Keerikalmedu Somarasanpettai Thiruchirappalli District.
... Petitioner/Appellant/Accused Vs The Inspector of Police Somarasanpettai Police Station Thiruchulipatti District. Crime No.224/2007.
... Respondent/Respondent/Complainant Prayer :- This criminal Miscellaneous petition filed under section 482 of Cr.P.C., praying to grant extension the time of the operation of the order in Crl.R.C.(MD)No.696 of 2011 dated 25.06.2019 on the file of this Hon ble Court.
Prayer in Crl. R.C.(MD)No.696 of 2011:
Criminal Revision Petition filed under section 397 of Cr.P.C., against the judgment and conviction passed by the Judicial Magistrate No.5, Tiruchirappalli in C.C.No.107 of 2008 dated 07/11/2019 for the offence under section 324 of IPC and sentenced him to undergo 3 months rigorous imprisonment and the same was confirmed by the Additional District and Sessions Judge, Fast Track Court no.I, Tiruchirappalli in C.A.No.80 of 2009 dated 15.07.2011. ORDER:- This Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon perusing the earlier order of this court and upon hearing the arguments of Thiru. M. Karunanithi, Advocate for the Petitioner and of Thiru. K.Suyambulinga Bharathi, Government Advocate(Criminal Side) for the respondent, this Court made the following order:
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The Petitioner, who was convicted for the offence under Section 324 IPC in C.C.No.107 of 2008 on the file of the Judicial Magistrate No.V,Thiruchirappalli had preferred an appeal in C.A.No.80 of 2009 before the Fast Track Court No.1,Thiruchirappalli. The appeal came to be dismissed confirming the order of the trial Court. Thereafter, he filed revision in Crl.R.C(MD)No.696 of 2011 before this Court. This Court, by order dated 25.06.2019, modified the sentence setting aside the imprisonment, directing the petitioner to pay a sum of Rs.1,000/- as fine before the Court below.
2.This Petition has been moved by the petitioner stating that the order copy was made ready on 28.08.2019, thereafter, copy was obtained by him only on 29.08.2019 and he was unable to commuinicate the said order to the lower Court counsel through whom the brief was entrusted. After much delay, he was able to contact the lower court Counsel and informed the same. By that time, the time limit of 4 weeks have lapsed.
3.Now, the petitioner apprehends that the lower Court might not receive the fine amount, since four weeks have lapsed and seeks extension of time.
4.The Petitioner is directed to remit the fine amount of Rs.1,000/- before the trial Court viz., the learned Judicial Magistrate No.5,Thiruchirappalli to the credit of C.C.No.107 of 2008 on or before 13.12.2019.
5.Post the matter for reporting compliance on 17.12.2019. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) TO
1. The Inspector of Police Somarasanpettai Police Station Thiruchulipatti District. Crime No.224/2007.
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2. THE JUDICIAL MAGISTRATE NO.5, TIRUCHIRAPPALLI,
3. The Govt. Pleader,(Crl Side) Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 05/12/2019 HEARING DATE: 17/12/2019 ==========================
ORDER
========================== in Crl. R.C.(MD)No.696 of 2011 Giving direction and etc.
as stated within.
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