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Brahmoraj vs Enforcement Officer
2021 Latest Caselaw 21574 Mad

Citation : 2021 Latest Caselaw 21574 Mad
Judgement Date : 27 October, 2021

Madras High Court
Brahmoraj vs Enforcement Officer on 27 October, 2021
                                                                 C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.10.2021

                                                        CORAM

                           THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                   CRL.RC(MD).Nos.401 to 410 and 417 to 426 of 2018 and
                                   Crl.M.P(MD).Nos.5798, 5800, 5802, 5804, 5806, 5808,
                                           5810, 5812 5814 and 5816 of 2018 in
                                           CRL.RC(MD).Nos.401 to 410 of 2018



                 Brahmoraj
                 Joint Managing Director,
                 M/s. Swamiji Mills,
                 Sivakasi,
                 Virudhunagar District.                                       : Revision Petitioner /
                                                                           nd
                                                                          2 accused in all the cases

                                                           Vs.

                 Enforcement Officer,
                 Employees Provident Fund Organisation,
                 District Office – Sivakasi,
                 Virudhunagar District.                                : 1st respondent / respondent
                                                                                   in all the cases


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https://www.mhc.tn.gov.in/judis/
                                                                    C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                 COMMON PRAYER: These Criminal Revision Cases are filed to call for the
                 records and set aside the order dated 28.03.2018 passed in Crl.A.Nos.2 to 6, 9,
                 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and 21 of 2012, by the Additional
                 District and Sessions Judge, Virudhunagar, by reversing the order in C.C.Nos.
                 6, 8 to 10,13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003
                 respectively dated 09.01.2012 passed by the Judicial Magistrate No.II,
                 Virudhunagar to conduct retrial in C.C.Nos.6, 7 to 10,13, 21, 24, 25, 17, 11, 12,
                 14, 15, 19, 20, 22, 23, 16 and 18 of 2003 respectively on her file.


                                   For Petitioner in all cases : Mr. F.X. Eugene
                                   For respondent in all cases : No appearance


                                               COMMON ORDER


                                   These Criminal Revision Cases are directed against the Judgment

                 passed in Crl.A.Nos.2 to 6, 9, 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and

                 21 of 2012, dated 28.03.2018 by the learned Additional District and Sessions

                 Judge, Virudhunagar, reversing the orders passed in C.C.Nos.6, 7 to 10,13, 21,

                 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003 respectively, dated

                 09.01.2012 on the file of the learned Judicial Magistrate No.II, Virudhunagar.




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https://www.mhc.tn.gov.in/judis/
                                                                   C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                                   2. The revision petitioner is the second appellant / second accused

                 in all the Criminal Appeals. After trial, the learned Judicial Magistrate No.II,

                 Virudhunagar has passed the Judgment dated 09.01.2012 in C.C.Nos.6, 7 to

                 10,13, 21, 24, 25, 17, 11, 12, 14, 15, 19, 20, 22, 23, 16 and 18 of 2003,

                 convicting the revision petitioner and sentenced him. Challenging the

                 conviction and sentence imposed on him, the revision petitioner filed

                 Crl.A.Nos.2 to 6, 9, 14, 17, 18, 20, 7, 8, 10, 11 to 13, 15, 16, 19 and 21 of

                 2012 before the Additional District and Sessions Judge, Virudhunagar. In the

                 above said Criminal Appeals, the learned Additional District and Sessions

                 Judge, Virudhunagar, has passed the Judgments, dated 28.03.2018 setting aside

                 the Judgment of conviction and sentence imposed by the trial Court and

                 directed the trial Court to conduct the retrial of the cases and dispose of the

                 same within a period of six months from the date of receipt of a copy of the

                 said Judgments.         Challenging the remand of cases for retrial, the second

                 appellant / second accused has preferred the above revision cases.



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https://www.mhc.tn.gov.in/judis/
                                                                   C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                                   3. Today, when the Criminal Revision Cases are taken up for

                 hearing, the learned counsel appearing for the revision petitioner would submit

                 that the revision petitioner had died on 09.01.2020 and he has also filed a

                 memo to that effect. The said memo is record.



                                   4. In view of the above, the Criminal revision cases are dismissed

                 as abated. Consequently, the connected Miscellaneous Petitions are closed.




                                                                                                27.10.2021
                 Index : yes / No
                 Internet : yes / No
                 trp




                 4/6




https://www.mhc.tn.gov.in/judis/
                                                             C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                 To

                 1. The Additional District and Sessions Judge, Virudhunagar.
                 2. The Judicial Magistrate No.II, Virudhunagar




                 5/6




https://www.mhc.tn.gov.in/judis/
                                                        C.R.P.(MD)No.588 and 590 of 2021 etc., Batch


                                                              K.MURALI SHANKAR, J.

trp

CRL.RC(MD).Nos.401 to 410 and 417 to 426 of 2018 and Crl.M.P(MD).Nos.5798, 5800, 5802, 5804, 5806, 5808, 5810, 5812 5814 and 5816 of 2018 in CRL.RC(MD).Nos.401 to 410 of 2018

27.10.2021

https://www.mhc.tn.gov.in/judis/

 
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