Sathyamurthy vs State By Inspector Of Police
2021 Latest Caselaw 18468 Mad

                                                                             Crl.R.C.No.332 of 2015

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 08.09.2021

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                    Crl.R.C.No.332 of 2015


                     Sathyamurthy                                                ... Petitioner

                                                            .. Vs ..


                     State by Inspector of Police,
                     G.I.Uthagamandalam Police Station,
                     The Nilgiris
                     (Crime No.245/2007)                                        ....Respondent



                     Prayer :- Criminal Revision filed under Sections 397 and 401 of the
                     Criminal Procedure Code, to call for the records of the learned Mahalir
                     Sessions (Fast Track) Court, Uthagamandalam, The Nilgiris and set
                     aside the judgment passed by him made in C.A.No.21 of 2010 dated
                     03.02.2015, confirming the conviction and sentence passed by the
                     learned Judicial Magistrate, Uthagamandalam the Nilgiris made in
                     C.C.No.235 of 2007 dated 24.06.2010, convicting the petitioner
                     herein for the offence under Section 4 of the Tamil Nadu Prohibition of
                     Harassment of Woman Act and sentencing him to undergo one year R.I
                     and to pay fine of Rs.10000/- in default to undergo three months S.I.


                                   For Petitioner       : Mr.T.Shanmugam

                                   For Respondent       : Mr.R.Vinoth Raja,
                                                           Government Advocate (Crl.Side)

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                                                                              Crl.R.C.No.332 of 2015




                                                  ORDER

This criminal revision is filed by the convicted accused for the

offence under Section 4 of the Tamil Nadu Prohibition of Harassment

of Women Act, wherein he was sentenced to undergo one year

Rigorous Imprisonment and to pay Rs.10,000/- fine.

2. It appears that when Criminal Appeal No.21/2010 was listed

before the Mahila Court, Udhagamandalam, the learned counsel for the

appellant has not appeared and hence in the absence of the learned

counsel for the appellant, the judgment has been pronounced by the

lower Appellate Court.

3. It is settled law that when there is a conviction, the appellate

Court either must hear the learned counsel for the appellant, or

appoint a Legal-Aid-Advocate as Amicus Curiae.

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4. This Criminal Revision Petition is disposed of accordingly and

the conviction passed in Crl.A.No.21/2010 is set aside. The matter is

remitted back to the learned Magistrate Court (Fast Track),

Udhagamandalam to dispose of the same in accordance with law

within a period of four months from the date of receipt of a copy of

this order.

                                                                            08.09.2021



                     nvi

                     Index     : Yes / No
                     Internet : Yes

                     To

1. The Mahalir Sessions (Fast Track) Court, Uthagamandalam

2. The Judicial Magistrate, Uthagamandalam the Nilgiris

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RMT.TEEKAA RAMAN,J.,

nvi

Crl.R.C.No.332 of 2015

08.09.2021

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