Madras High Court
Saravanan vs The State Represented By on 15 November, 2021
Crl.R.C.(MD)No.805 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved Date : 15.11.2021
Delivered Date : 02.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.R.C.(MD)No.805 of 2021
Saravanan ... Petitioner/
Appellant/
Accused
vs.
The State represented by
The Inspector of Police,
Bodi Town Police Station,
Theni District.
(Crime No.33 of 1996) ... Respondent/
Respondent/
Complainant
PRAYER : Criminal Revision Petition is filed under Section 397 r/w 401
of the Code of Criminal Procedure, to call for the records of the Assistant
Sessions Court (Sub Court), Theni, in S.C.No.41 of 2009 vide its order
dated 08.08.2016 which was subsequently confirmed by the learned
Additional District (Fast Track) Judge, Theni, Theni District in C.A.No.
48 of 2016 vide his judgment dated 27.06.2018.
For Petitioner : Mr.R.L.Dhilipan Pandian
For Respondent : Mr.K.Sanjay Gandhi
Government Advocate
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Crl.R.C.(MD)No.805 of 2021
ORDER
This Criminal Revision Petition has been filed to set aside the
order in S.C.No.41 of 2009 dated 08.08.2016 on the file of the Assistant
Sessions Court (Sub Court), Theni, which was subsequently confirmed
by the learned Additional District (Fast Track) Judge, Theni, Theni
District in C.A.No.48 of 2016 dated 27.06.2018.
2. The case was registered against the petitioner in Crime No.33 of
1996 on the file of the Bodi Town Police Station and the same was taken
on file as S.C.No.41 of 2009 on the file of the Assistant Sessions Judge,
Theni. The Assistant Sessions Judge, Theni, found the first accused
Saravanan guilty under Section 326 IPC and convicted and sentenced
him to undergo one year rigorous imprisonment and to pay a fine of
Rs.1,000/-, in default, to undergo two months rigorous imprisonment.
Against the conviction and sentence, the petitioner has filed an appeal
before the Additional District Court, Theni, in Crl.A.No.48 of 2016. That
appeal was dismissed for default by the trial Court. Against the same, the
petitioner has filed this revision petition.
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Crl.R.C.(MD)No.805 of 2021
3. On the side of the revision petitioner, it is stated that the first
appellate Court failed to give an opportunity to the petitioner to represent
the case. Even if there was no representation on the side of the appellant,
it is the duty of the appellate Court to engage a legal aid counsel to
represent the appellant. More over, the appeal was not dismissed on
merits and a non speaking order was passed by the appellate Court. The
first appellate Court has failed to appreciate the material contradiction
regarding the place of the occurrence and the manner of the occurrence
and the first appellate Court in a mechanical manner has dismissed the
appeal for default.
4. It is seen the appeal was filed in the year of 2016 and there was
no representation on the side of the appellant and hence, the appellate
Court dismissed the appeal for default.
5. An opportunity for the appellant is to be given to represent his
case in the interest of justice. Hence, the order of the appellate Court is
set aside. The case is remitted back to the appellate Court. The appellate
Court is directed to dispose of the case within a period of two months
from the date of receipt of copy of this order. However, since there was
no representation on the side of the appellant, the appellant is hereby
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Crl.R.C.(MD)No.805 of 2021
directed to make his submission before his first appellate Court without
any delay and to co-operate in submitting the arguments. Incase, the
appellant failed to engage a counsel or if the appellant is not ready to
argue the case, the first appellate Court is directed to engage a legal aid
counsel and to proceed with the case on merits.
6. With the above directions, this Criminal Revision Case is
allowed.
02.12.2021
Index : Yes/No
Internet : Yes/No
csm/mga
Note 1: Issue order copy on 02.12.2021.
Note 2: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police,
Bodi Town Police Station,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
3.The Superintendent of Prison,
Central Prison,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.805 of 2021
R.THARANI, J.
csm/mga
Crl.R.C.(MD)No.805 of 2021
02.12.2021
https://www.mhc.tn.gov.in/judis
