1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Dated: 16/09/2022
PRESENT
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.RC(MD)No.796 of 2022
and
Crl.MP(MD)No.9869 of 2022
Senthil : Petitioner/Appellant/
Accused (Sole)
Vs.
The State represented by
The Inspector of Police,
Thanjavur East Police Station,
Thanjavur District.
(Crime No.200 of 2020) : Respondent/
Respondent/
Complainant
Prayer:- This Revision has been filed under
section 397 r/w 401 of the Criminal Procedure Code, to
call for the records pertaining to the judgment, dated
22/07/2022 passed by the Principal Sessions Judge,
Thanjavur, in C.A No.44 of 2022, partly allowing the
judgment, dated 17/06/2022 passed by the Judicial
Magistrate No.1, Thanjavur, in CC No.100 of 2021 and set
aside the same
https://www.mhc.tn.gov.in/judis
2
For Petitioner : Mr.R.L.Dhilipan Pandian
For Respondent : Mr.RMS.Sethuraman
Additional Public Prosecutor
O R D E R
The criminal revision has been filed seeking to set aside the conviction order, that was passed by the appellate court namely the Principal Sessions Court, Thanjavur, in C.A No.44 of 2022, dated 22/07/2022.
2.The fact in brief:-
The petitioner was charged under section 4(1)(aa) of Tamil Nadu Prohibition Act, 1937 and found in possession of 385 liquor bottles, on 03/04/2020 at about 01.00 pm. On the basis of the above said occurrence, the case in Crime No.100 of 2021 was tried. On the basis of the confession of admission, he was found guilty for the offence under section 4(1)(aa) of Tamil Nadu Prohibition Act, 1937 and sentenced him to undergo 10 days simple imprisonment and imposed a fine of Rs.2,000/- with default clause. Against the above said judgment of conviction, he preferred appeal in C.A No.44 of 2022 before the Principal Sessions Judge, Thanjavur. That was https://www.mhc.tn.gov.in/judis 3 modified and the sentence of 10 days simple imprisonment and the fine amount was set aside. Instead of that, he was directed to pay a sum of Rs.50,000/- as compensation to the State Government under section 357(3) Cr.P.C within one month from the date of the judgment, failing which, he was directed to undergo 3 months of simple imprisonment and the fine amount, that was paid by the petitioner was ordered to be refunded.
3.Challenging the correctness and legality of the above said order, this revision has been preferred on the ground that the compensation under section 357(3)Cr.P.C cannot be ordered in favour of the State Government; this is a settled position of law.
4.Even as per section 357 Cr.P.C, compensation can be awarded to the victim and not to the State Government. Even as per the provision of the Tamil Nadu Prohibition Act, no such compensation can be awarded to the State Government. So the order that was passed by the first appellate court suffers from illegality. https://www.mhc.tn.gov.in/judis 4
5.On the sole ground, this criminal revision is allowed by setting aside the impugned order, dated 22/07/2022. But however, it is remitted back to the first appellate court namely the Principal Sessions Judge, Thanjavur to decide the issue afresh by giving opportunity to both sides.
6.With the above said direction, this criminal revision stands allowed. Consequently, connected Miscellaneous Petition is closed.
16/09/2022 Index:Yes/No Internet:Yes/No er To,
1.The Principal Sessions Judge, Thanjavur.
2.The Judicial Magistrate, Thanjavur.
3.The Inspector of Police, Thanjavur East Police Station, Thanjavur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 5 G.ILANGOVAN,J er Crl.RC(MD)No796 of 2022 16/09/2022 https://www.mhc.tn.gov.in/judis 6 https://www.mhc.tn.gov.in/judis