Rajkumar v. Mariappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN Crl.MP(MD).No.5539 of 2024 in Crl.R.C.(MD).No.531 of 2024 RAJKUMAR ... PETITIONER/APPELLANT/ACCUSED Vs MARIAPPAN ... 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 (FTC) Srivilliputhur pertaining to the sentence imposed in CA No.29/2017 on the file of Principal District and Sessions Court, Virudhunagar District at Srivilliputhur dated 27.03.2023 in confirming the judgment made in C.C.No.28 of 2015 on the file of the learned Judicial Magistrate(Fast Track Court), Srivilliputhur dated 06.03.2017. Prayer in CRL RC(MD). 531/ 2024 :

To call for the records pertaining to the case in CA.No.29/2017 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur and CC No.28/2015 on the file of the learned Judicial Magistrate (FTC), Srivilliputhur and set aside the conviction and sentence passed in C.A.No.29 of 2017 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur dated 27.03.2023 in confirming the judgment made in C.C.No.28 of 2015 on the file of the learned Judicial Magistrate(Fast Track Court), Srivilliputhur dated 06.03.2017 and to 1/3

allow this Criminal Revision.

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 MR.R.KARUNANIDHI, Advocate for the petitioner and of MR.P.RANJITHRAJA, Advocate on behalf of the Respondent, 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 the Principal District and Sessions Court, Virudhunagar at Srivilliputhur, in C.A.No.29 of 2017, dated 27.03.2023, in confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court, Srivilliputhur, in C.C.No.28 of 2015, dated 06.03.2017 pending disposal of the main 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/- 06/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 2.THE JUDICIAL MAGISTRATE, FAST TRACK COURT, SRIVILLIPUTHUR.

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

ORDER

IN Crl.MP(MD).No.5539 of 2024 in Crl.R.C.(MD).No.531 of 2024 Date :06/06/2024 RK/JGB (11/06/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3