Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R. SAKTHIVEL AND CRL RC.(MD).1453 of 2023 SELVAM ... PETITIONER/APPELLANT/ SOLE ACCUSED Vs THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI.
... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to exempt petitioner from surrendering before the trial court pertaining to the impugned Judgment of conviction and sentence passed by the learned Additional District Judge, Sivagangai in Crl.A.No.24/2023 dt.18/12/2023 confirming the conviction and sentence passed by the Learned Judicial Magistrate, Karaikudi in CC.No.392 of 2022 dated 28.02.2023. Prayer in CRL RC(MD). 1453/ 2023 :
To call for the records pertaining to the impugned judgment of conviction and sentence passed by the Learned Additional District Judge, Sivagangai in Crl.A.No.24/2023 dt.18/12/2023 confirming the conviction and sentence passed by the learned Judicial Magistrate, Karaikudi in CC.No.392 of 2022 dated 28.02.2023 and set aside the same.
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.G.KARUPPASAMYPANDIYAN, Advocate for the petitioner and of 1/3
Mr.P.KOTTAICHAMY, Government Advocate(crl.side) on behalf of the Respondent While admitting the Criminal Revision Case, the court made the following order:- The petitioner herein is the sole accused in Crl.A.No.24 of 2023. The petitioner herein filed the main Revision Case in Crl.R.C.(MD) No.1453 of 2023 along with this petition praying to exempt from surrendering before the trial Court relating to the conviction and sentence passed by the learned Additional District and Sessions Judge, Sivagangai in Crl.A.No.24 of 2023 dated 18.12.2023. The petitioner filed an affidavit in support of the petition.
2.This Court has perused the affidavit. The reason stated in the affidavit is satisfied. Accordingly, this Criminal Miscellaneous Petition is allowed. The petitioner is exempted from surrendering before the trial Court pertaining to the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge, Sivagangai in Crl.A.No.24 of 2023 dated 18.12.2023, confirming the conviction recorded and sentence imposed by the learned Judicial Magistrate, Karaikudi, in CC.No.392 of 2022 dated 28.02.2023.
sd/- 28/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
MM/IAS TO 1 THEADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL DISTRICT COURT, SIVAGANGAI.
2 THE JUDICIAL MAGISTRATE, KARAIKUDI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
4 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN AND CRL RC.(MD).1453 of 2023 Date :28/12/2023 SA/DD/SAR. /02.01.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3