Madras High Court
S.Chinnasamy vs The State Represented By on 6 April, 2022
Crl.R.C.(MD)No.164 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.04.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.164 of 2021
S.Chinnasamy ... Petitioner/Accused No.4
Vs.
The State represented by,
The Inspector of Police,
Sedapatti Police Station,
Madurai District.
(Crime No.31 of 2015) ...Respondent /Complainant
Prayer: This Criminal Revision Petition filed under Section 397 r/w 401
Cr.P.C. to call for the entire records pertaining to the judgment passed by the
learned District Munsif cum Judicial Magistrate, Madurai District in C.C.No.91
of 2015 dated 17.12.2019 and to convert the same as '''honorable acquittal'' in
respect of the petitioner.
For Petitioner : Mr.S.M.Anantha Murugan
For R1 : Mrs.Aasha
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.164 of 2021
ORDER
The criminal revision case has been filed seeking to convert the judgment
passed by the learned District Munsif cum Judicial Magistrate, Madurai District
in C.C.No.91 of 2015, dated 17.12.2019 as 'honourable acquittal' in respect of
the petitioner.
2.The petitioner and others were charged for the offences 147, 341, 323,
324 and 506(1) of IPC. There are totally six accused persons, in which, the
petitioner is arrayed as A4. The Court below acquitted all the accused persons
on the ground that the prosecution has been failed to prove the case beyond
doubt since all the witnesses are deposed contradictorily.
3.Though the petitioner was acquitted, the petitioner has filed this
revision petition to convert the same as honourable acquittal. The honourable
acquittal is no where found in the Criminal Procedure Code. On perusal of
records revealed that there was a specific charge as against the petitioner for the
charges under Sections 147, 341, 323 and 506(1) of IPC. However, the
prosecution witnesses failed to bring the charges to home and as such, the
petitioner and other accused persons were acquitted on the ground that the
prosecution failed to prove the case beyond doubt. Therefore, there is no
conversion into honourable acquittal from acquittal.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.164 of 2021
4.Therefore, the criminal revision case stands dismissed.
06.04.2022
Index :yes/No
Internet:yes/No
lr
Note: 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,
Sedapatti Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.164 of 2021
G.K.ILANTHIRAIYAN,J.
lr
Crl.R.C.(MD)No.164 of 2021
06.04.2022
https://www.mhc.tn.gov.in/judis
