Madras High Court
Vasantharaja vs The State Rep By The Inspector Of ... on 24 June, 2022
Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.Nos.240, 222, 224, 315, 297, 227, 235, 230, 244 & 285 of 2022
and
Crl.M.P.Nos.2325, 3530, 3089, 2342, 2410, 2351, 2452, 2496 &
2959 of 2022
Crl.R.C.No.240 of 2022
Vasantharaja ... Petitioner in all Crl.R.Cs
Versus
The State rep by the Inspector of Police,
Neyveli Township Police Station,
Cuddalore District.
(Cr.No.556 of 2006) ... Respondent in all Crl.R.Cs
Prayer in Crl.R.C.Nos.240 of 2022, etc., : Criminal Revision Petition
filed under Section 397 r/w 401 of the Code of Criminal Procedure to set
aside the order passed in Cr.A.No.23 of 2019 on the file of the Principal
District and Sessions Judge, Cuddalore dated 22.10.2019 confirming the
judgment made in C.C.No.433 of 2008 on the file of the Judicial
Magistrate No.1, Panruti dated 20.12.2018.
For Petitioner in all cases : Mr. V.Elangovan
For Respondent in all cases : Mr.S.Vinoth Kumar
Govt. Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
COMMON ORDER
All the Criminal Revision Petitions are filed to to set aside the order
passed in Crl.A.Nos.23, 29, 24, 25,26, 27, 21, 20, 22 & 28 of 2019, on the
file of the Principal District and Sessions Judge, Cuddalore dated
22.10.2019 confirming the judgment made in C.C.Nos.433, 439, 434,
435,436, 437, 431, 429, 432, 438 of 2008 respectively on the file of the
Judicial Magistrate No.1, Panruti dated 20.12.2018.
2. These ten Criminal Revision Petitions to the same petitioner and
the allegations are similar in nature that is being the allegations of theft and
the respondent/ police is also one and the same and as such taken up and
disposed of by this common order.
3. Broadly, the allegation in these cases are in respect of the cases
relating to chain snatching, which are all registered in the month of June,
2007 except the 1st case in Crl.R.C. 240 of 2022 and the other cases are
registered in the month of December, 2006, wherein, the allegation is that
the two persons came in a two wheeler and snatched the chain of the
victims. The jewels either in full or in part are said to have been recovered
from the petitioner. The minimum details in respect of the each of the case
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
is given hereunder:-
Crl.R.C.No. 240 of 2022
MEMO OF EVENTS
1. Incident – 06.12.2006, 19.30 Hrs.
2. Complaint – 07.12.2006, 10.00 Hrs.
3. FIR - 556/2006, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and snatched
5 sovereign of gold chain from P.W.2, Devagi
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.227/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial
Magistrate No.1, Panruti in C.C.No.433/2008.
7. Witnesses - P.W.1, Sundaramurthy, defacto complainant
P.W.2, Devagi, wife of defacto complainant
P.W.3, Ravikumar, observation Mahazar Witness
P.W.4, Srinivasan, witness for confession Statement
P.W.5, Palanivel, SI of Police, who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.433/2008 dated 20.12.2018 Simple Imprisonment for 2 years, fine
Rs.1,500/-, Fine amount paid
9. Appeal - Crl.A.No.23/2019, confirmed on 22.10.2019
Crl.R.C.No. 285 of 2022
MEMO OF EVENTS
1. Incident – 01.06.2007, 07.10 Hrs.
2. Complaint– 06.06.2007, 15.10 Hrs.
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
3. FIR - 276/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and stopped the vehicle 10 ft near
P.W.1, S.Kuppamma land the pillion rider alighted from the vehicle,
snatched 3 ½ sovereign of gold chain from P.W.1, S.Kuppammal and
flew away.
5. Arrest- 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.228/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.438/2008.
7. Witnesses - P.W.1, S.Kuppammal, defacto complainant
P.W.2, Sadayan, husband of P.W.1
P.W.3, Sigamani,brother of P.W.2
P.W.4, Ramalingam, observation Mahazar Witness
P.W.5, Ravi, witness for confession Statement
P.W.6, Natarajan, SI of Police, Crime who registered FIR
P.W.7, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.438/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine
Rs.1,500/-, Fine amount paid
9. Appeal - Crl.A.No.28/2019, confirmed on 22.10.2019
Crl.R.C.No. 222 of 2022
MEMO OF EVENTS
1. Incident – 04.06.2007, 20.00 Hrs.
2. Complaint – 06.06.2007, 20.00 Hrs.
3. FIR - 277/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and stopped the vehicle 20 ft near
P.W.1, Vasumathi and one of the person alighted from the vehicle, snatched 3 sovereign
of gold chain from P.W.1 and flew away.
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.229/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.439/2008.
7. Witnesses - P.W.1, Vasumathi, defacto complainant
P.W.2, Seshadri, husband of P.W.1
P.W.3, Raja, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who P.W.6, Kalitheerthan, Inspector of police,
filed charge sheet.
8. Judgment - C.C.No.439/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal- Crl.A.No.29/2019, confirmed on 22.10.2019
Crl.R.C.No. 224 of 2022
MEMO OF EVENTS
1. Incident – 06.06.2007, 12.30 Hrs.
2. Complaint – 07.06.2007, 18.00 Hrs.
3. FIR - 280/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and stopped the vehicle 20 ft near
P.W.1, S.Chitra and one of the person alighted from the vehicle, snatched 3 sovereign of
gold chain from P.W.1 and flew away.
5. Arrest- 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.232/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.434/2008.
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
7. Witnesses - P.W.1, S.Chitra, defacto complainant
P.W.2, Sivakumar, husband of P.W.1
P.W.3, Pandarinathan, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.434/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal- Crl.A.No.24/2019, confirmed on 22.10.2019
Crl.R.C.No. 227 of 2022
MEMO OF EVENTS
1. Incident – 05.06.2007, 19.30 Hrs.
2. Complaint – 07.06.2007, 09.15 Hrs.
3. FIR - 278/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler, stopped the vehicle 10 ft near by
P.W.1, Rekha, and the pillion rider alighter from the vehicle, snatched 2 sovereign of
gold chain from P.W.1, Rekha and flew away.
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.230/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.437/2008.
7. Witnesses - P.W.1, Rekha, defacto complainant
P.W.2, Murugan, husband of P.W.1
P.W.3, Shanmugam, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.437/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal - Crl.A.No.27/2019, confirmed on 22.10.2019.
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
Crl.R.C.No.235 of 2022
MEMO OF EVENTS
1. Incident– 03.06.2007, 19.30 Hrs.
2. Complaint – 04.06.2007, 18.00 Hrs.
3. FIR - 149/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler, stopped the vehicle nearby P.W.2,
and raised the engine sound, one of them snatched 3 sovereign of gold chain from
P.W.2, Lakshmi and flew away.
5. Arrest- 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.203/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.431/2008.
7. Witnesses - P.W.1, C.Subramanian, defacto complainant
P.W.2, Lakshmi, wife of P.W.1
P.W.3, Passer by at the time of incident
P.W.4, Jayakumar, observation Mahazar Witness
P.W.5, Ravi, witness for confession Statement
P.W.6, Kalitheerthan, Inspector of police,filed charge sheet.
P.W.7, Kirubalakshmi, SI of Police, Crime who registered FIR
8. Judgment - C.C.No.431/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal- Crl.A.No.21/2019, confirmed on 22.10.2019.
Crl.R.C.No. 244 of 2022
MEMO OF EVENTS
1. Incident – 04.06.2007, 19.00 Hrs.
2. Complaint – 05.06.2007, 16.45 Hrs.
3. FIR- 273/2007, u/s 379 IPC against unknown
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
4. FIR contents – two persons came in two wheeler and stopped the vehicle nearby
defacto complainant, one of the persons alighted from the vehicle suddenly snatched 3 ½
sovereign of gold chain from P.W.1, S.Manimala
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.239/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.432/2008.
7. Witnesses - P.W.1, S.Manimala, defacto complainant
P.W.2, Senthilkumar, husband of P.W.1
P.W.3, Gopal, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.432/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal- Crl.A.No.22/2019, confirmed on 22.10.2019.
Crl.R.C.No.297 of 2022
MEMO OF EVENTS
1. Incident – 03.06.2007, 19.00 Hrs.
2. Complaint – 04.06.2007, 15.00 Hrs.
3. FIR- 271/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler, stopped 10 ft nearby P.W.1 and
acted as repairing two wheeler, when she cross them one of the person snatched 1 ½
sovereign of gold chain from P.W.1, D.Janaki and flew away.
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.253/2007 on the file of the District Munsif cum Judicial
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.436/2008.
7. Witnesses - P.W.1, D.Janaki, defacto complainant
P.W.2, Mani, son of P.W.1
P.W.3, Venkatesan, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment - C.C.No.436/2008 dated 20.12.2018 Simple Imprisonment for 2 years, fine
Rs.1,500/-, Fine amount paid
9. Appeal- Crl.A.No.26/2019, confirmed on 22.10.2019
Crl.R.C.No. 315 of 2022
MEMO OF EVENTS
1. Incident– 02.06.2007, 19.00 Hrs.
2. Complaint – 04.06.2007, 18.15 Hrs.
3. FIR - 272/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and, stopped vehicle, one of them
alighted from two wheeler and acted for passing urine suddenly he pushed defacto
complainant and snatched 4 sovereign of gold chain from P.W.1, Dhanalakshmi
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.240/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.435/2008.
7. Witnesses - P.W.1, Dhanalakshmi, defacto complainant
P.W.2, Saminathan, husband of P.W.1
P.W.3, Basrunnisha Begum, accompanied with
P.W.1 at the time of incident.
P.W.4, Murali, Observation Mahazar witness
P.W.5, Ravi, witness for confession Statement
P.W.6, Natarajan, SI of Police, Crime who registered FIR
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
P.W.7, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment- C.C.No.435/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal - Crl.A.No.25/2019, confirmed on 22.10.2019
Crl.R.C.No. 230 of 2022
MEMO OF EVENTS
1. Incident– 06.06.2007, 19.45 Hrs.
2. Complaint– 07.06.2007, 14.00 Hrs.
3. FIR- 279/2007, u/s 379 IPC against unknown
4. FIR contents – two persons came in two wheeler and snatched 3 sovereign of gold
chain from P.W.1, Kalaiselvi
5. Arrest - 08.06.2007, Morning 05.00 A.M.
A1 – Vasantharaja @Prabu
A2 – Senthilkumar @ Senthil
6. Charge Sheet – C.C.No.231/2007 on the file of the District Munsif cum Judicial
Magistrate, Neyveli. Thereafter transferred to Judicial Magistrate No.1, Panruti in
C.C.No.429/2008.
7. Witnesses - P.W.1, Kalaiselvi, defacto complainant
P.W.2, Vaithiyalingam, brother of P.W.1
P.W.3, Lakshmanan, observation Mahazar Witness
P.W.4, Ravi, witness for confession Statement
P.W.5, Natarajan, SI of Police, Crime who registered FIR
P.W.6, Kalitheerthan, Inspector of police, filed charge sheet.
8. Judgment- C.C.No.429/2008 dated 20.12.2018
Simple Imprisonment for 2 years, fine Rs.1,500/-, Fine amount paid
9. Appeal - Crl.A.No.20/2019, confirmed on 22.10.2019.
4. The learned counsel for the petitioner would submit that the case
of the defence is that the petitioner was having an automobile spare parts
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
shop and in the course of the business he had picked up enemity with the
Sub-Inspector of police during the relevant point of time and therefore, all
these cases were all foisted on a single day and he was detained under
Goondas Act and further submitted that all these cases are false cases.
5. However, the learned Government Advocate (Crl.side) pointed out
that in all these cases, there has been a recovery and it cannot be in the
view of the evidence available as detailed above and it cannot be said as
foisted cases.
6. The learned counsel for the petitioner would submit that the only
case against this petitioner is all these ten cases and he is acquitted in
another 3 cases and the petitioner hails from a respective family
background and he is not a person of bad antecedents as prayed by the
prosecution and he states that already an affidavit is filed detailing the
number of days of punishment undergone by the petitioner.
7. As per the said affidavit and the further instructions to the learned
counsels on the either side submitted in this regard, the petitioner has so far
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
undergone imprisonment for a period of one year and ten days as on
today. Therefore, considering the said aspect, the learned counsel for the
petitioner restricted his arguments in the question of sentence. Considering
the antecedents of the petitioner that is except for the relevant period there
are no other antecedents either prior to or thereafter. Considering the fact
that the accused has behaved reformed properly during the period in which
he was in prison and during the period in which he was out on bail and
considering the age of the accused and his reformed attitude and
considering the fact that the total period of two years, he has imposed as
imprisonment and he has undergone more than 50% of the period, I am of
the view that the interest of justice would be best served if the substantive
punishment of imprisonment sentence alone to be modified from the period
of two years to that of the period under gone in all these ten cases.
8. Accordingly, these Criminal Revisions are partly allowed, the
conviction and sentence passed in above mentioned matters on the file of
the learned Principal District and Sessions Judge, Cuddalore dated
22.10.2019, modifying the substantial sentence of imprisonment alone
from the period of two years to that of the period already undergone.
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Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
9. In view of the above, it is represented by the learned counsel for
the petitioner that the petitioner is now locked at the Central Prison,
Cuddalore. The Superintendent of Prison, Cuddalore is directed to release
the petitioner if he is not required for any other purpose other than these
ten cases.
24.06.2022
Index : yes/no
Speaking order/Non-speaking order
gba
To
1. The Principal District and Sessions Judge,
Cuddalore.
2. The Superintendent of Prison,
Central Prison,
Cuddalore.
3. The Public Prosecutor,
Madras High Court.
4. The Inspector of Police,
Neyveli Township Police Station,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.11917 of 2021 in Crl.A.No.568 of 2021
D.BHARATHA CHAKRAVARTHY. J.,
gba
Crl.R.C.Nos.240, etc., of 2022 (10 cases)
in
Crl.M.P.Nos.2452, etc., of 2022
24.06.2022
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