Madras High Court
Veeramani @ Asai vs State Represented By on 10 March, 2022
Crl.R.C(MD)No.594 of 2021
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED : 10.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.594 of 2021
1.Veeramani @ Asai
2.Muthumari ... Petitioners/Accused Nos.1 & 2
Vs.
State represented by,
The Inspector of Police,
Mandalamanickam Police Station,
Ramanathapuram District.
(In Crime No.35 of 2014). ... Respondent/Complainant
PRAYER: Criminal Revision Case filed under Section 397 read with
Section 401 of the Code of Criminal Procedure, to call for the
records of the impugned Judgment, dated 22.04.2021 in Crl.A.No.6
of 2021 passed by the learned Principal District and Sessions Judge,
Ramanathapuram, confirming the order in C.C.No.188 of 2014,
dated 30.12.2020 on the file of the learned District Munsif cum
Judicial Magistrate, Kamudhi, Ramanathapuram District and set
aside the same by allowing the revision petition.
For Petitioners : Mr.AR.Jeya Rhuthran
For Respondent : Ms.M.Aasha
Government Advocate (Crl. Side)
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1/6
Crl.R.C(MD)No.594 of 2021
ORDER
This revision has been filed to set aside the Judgment passed
in Crl.A.No.6 of 2021, dated 22.04.2021 on the file of the learned
Principal District and Sessions Judge, Ramanathapuram, confirming
the order passed in C.C.No.188 of 2014, dated 30.12.2020 on the
file of the learned District Munsif cum Judicial Magistrate, Kamudhi,
Ramanathapuram District.
2. The case of the prosecution is that on 03.10.2014 at about
6.45 pm, the second petitioner and another accused enter into the
house of PW.1 and assaulted PW.1 and caused injuries. When PW.1
tried to run away, the first petitioner assaulted her with fire wood.
A case in Crime No.35 of 2014 was registered against the
petitioners and was taken on file as S.C.No.188 of 2014 under
Section 324 IPC and Section 4 of Women Harassment Act, against
A1 under Sections 452, 294(b),323,324 IPC, against A2 under
Sections 452, 294(b), 323 against A3. The charge against the third
accused is abated. The first accused was convicted and he was
sentenced to undergo six months simple imprisonment under
Section 324 I.P.C and he was sentenced to undergo three years
simple imprisonment and to pay a fine of Rs.10,000/-, in default, to
undergo a further period of three months simple imprisonment
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Crl.R.C(MD)No.594 of 2021
under Section 4 of Women Harassment Act. The second accused
was convicted under Section 452 of I.P.C and was sentenced to
undergo six months simple imprisonment and to pay a fine of
Rs.500/-, in default, to undergo a further period of one month
simple imprisonment. The second accused was acquitted under
Sections 294(b), 323 and 324 I.P.C. Against the order of the learned
Judicial Magistrate, Kamuthi, the petitioners have filed an appeal in
Crl.A.No.6 of 2021 on the file of the learned Principal District Judge,
Ramanthapuram and the same was dismissed. Against which, the
petitioners have filed the revision petition.
3.Heard the learned counsel appearing for the petitioners and
the learned Government Advocate (Criminal Side) appearing for the
respondent and perused the materials available on record.
4.When the matter came up for hearing on 23.11.2021 in
Crl.M.P(MD)Nos.6509 & 6510 of 2021, on the side of the
prosecution, it is stated that the present revision case is against the
concurrent judgements. The prosecution has examined 9 witnesses
and marked 7 documents and the prosecution has proved the case
beyond all reasonable doubts and prayed the petition to be
dismissed.
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Crl.R.C(MD)No.594 of 2021
5.After considering the above, this Court dismissed the
petition for suspension of sentence and also dismissed the petition
for exemption, by an order, dated 23.11.2021. That apart, this
Court directed the petitioners to surrender before the trial Court and
to file a petition for suspension of sentence. Even till today, the
petitioners failed to surrender before the trial Court. Therefore, this
Court is not inclined to entertain this revision. Accordingly, this
Criminal Revision Case is dismissed. The respondent is directed to
secure the petitioners and proceed in the manner known to law. No
costs.
10.03.2022
Index : Yes/No
Internet : Yes
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.
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Crl.R.C(MD)No.594 of 2021
To
1.The Principal District and Sessions Court,
Ramanathapuram.
2.The District Munsif cum Judicial Magistrate,
Kamudhi,
Ramanathapuram District.
3.The Inspector of Police,
Mandalamanickam Police Station,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
Crl.R.C(MD)No.594 of 2021
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)No.594 of 2021
10.03.2022
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