Madras High CourtCRL A(MD)/854/2022disposed of

Sanjeevi Ashokan v. The Deputy Superintendent Of Police

2023-02-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.A(MD)Nos.854, 856 of 2022 and 87 of 2023 and Crl.M.P(MD).Nos.15517, 15562 of 2022 and 1802 of 2023 Sanjeevi Ashokan ... Appellant in Crl.A(MD).No.854 of 2022 1.A.Marisamy 2.R.Parthiban ... Appellants in Crl.A(MD).No.856 of 2022 Sriram @ Sulagu ... Appellant in Crl.A(MD).No.87 of 2023 Vs.

State By:

The Deputy Superintendent of Police, Crime Branch Idol Wing, Chennai.

... Respondent in all Crl.As Common Prayer: This Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to call for the judgment in C.C.No.1 of 2016 on the file of the Hon'ble Additional Chief Judicial Magistrate Court, Kumbakonam

dated 01.11.2022 and set aside the same and acquit the accused from the charge framed against them.

For Appellants : Mr.S.Sankar (in Crl.A(MD).Nos.854 and 856 of 2022) For Appellant : Mr.Polax Legal Solutions (in Crl.A(MD).No.87 of 2023) For Respondent : Mr.S.Ravi (In all Crl.As) Additional Public Prosecutor COMMON JUDGMENT On the point of jurisdiction, Crl.R.C(MD).No.92 of 2023 has been allowed, on that ground, all the Criminal Appeals are transferred to Principal District Judge, Thanjavur. The learned Principal District Judge, Thanjavur, is directed to receive the bundles and assign new numbers and issue notice to the parties. Since the appellants are in prison, notice may be served upon them through the concerned superintendent of prison and after issuing notice to the parties, the learned Principal District Judge, Thanjavur shall proceed in accordance with law.

2. In view of the above said order of transfer, orders passed in Crl.M.P(MD) Nos 15517, 15562 of 2022 and 1802 of 2023 dated 08.02.2023 are recalled. The appellants are at liberty to move proper petition before the concerned Court seeking to suspend the sentence. The

learned Principal District Judge, Thanjavur, is directed to consider the same, on its own merits without being influenced by any of the observations that were made by this Court.

16.02.2023 Index : Yes / No Internet : Yes/ No tta (Note:- Issue Order Copy on 22.02.2023 To:

1.Principal District Judge, Thanjavur.

2.Additional Chief Judicial Magistrate Court, Kumbakonam.

G.ILANGOVAN,J tta Crl.A(MD)Nos.854, 856 of 2022 and 87 of 2023 and Crl.M.P(MD).Nos.15517, 15562 of 2022 and 1802 of 2023 16.02.2023