Madras High Court
Senthil vs The State Represented By on 16 September, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Dated: 16/09/2022
PRESENT
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.RC(MD)No.796 of 2022
and
Crl.MP(MD)No.9869 of 2022
Senthil : Petitioner/Appellant/
Accused (Sole)
Vs.
The State represented by
The Inspector of Police,
Thanjavur East Police Station,
Thanjavur District.
(Crime No.200 of 2020) : Respondent/
Respondent/
Complainant
Prayer:- This Revision has been filed under
section 397 r/w 401 of the Criminal Procedure Code, to
call for the records pertaining to the judgment, dated
22/07/2022 passed by the Principal Sessions Judge,
Thanjavur, in C.A No.44 of 2022, partly allowing the
judgment, dated 17/06/2022 passed by the Judicial
Magistrate No.1, Thanjavur, in CC No.100 of 2021 and set
aside the same
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2
For Petitioner : Mr.R.L.Dhilipan Pandian
For Respondent : Mr.RMS.Sethuraman
Additional Public Prosecutor
O R D E R
The criminal revision has been filed seeking to
set aside the conviction order, that was passed by the
appellate court namely the Principal Sessions Court,
Thanjavur, in C.A No.44 of 2022, dated 22/07/2022.
2.The fact in brief:-
The petitioner was charged under section 4(1)(aa)
of Tamil Nadu Prohibition Act, 1937 and found in
possession of 385 liquor bottles, on 03/04/2020 at about
01.00 pm. On the basis of the above said occurrence, the
case in Crime No.100 of 2021 was tried. On the basis of
the confession of admission, he was found guilty for the
offence under section 4(1)(aa) of Tamil Nadu Prohibition
Act, 1937 and sentenced him to undergo 10 days simple
imprisonment and imposed a fine of Rs.2,000/- with
default clause. Against the above said judgment of
conviction, he preferred appeal in C.A No.44 of 2022
before the Principal Sessions Judge, Thanjavur. That was
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modified and the sentence of 10 days simple imprisonment
and the fine amount was set aside. Instead of that, he
was directed to pay a sum of Rs.50,000/- as compensation
to the State Government under section 357(3) Cr.P.C
within one month from the date of the judgment, failing
which, he was directed to undergo 3 months of simple
imprisonment and the fine amount, that was paid by the
petitioner was ordered to be refunded.
3.Challenging the correctness and legality of the
above said order, this revision has been preferred on the
ground that the compensation under section 357(3)Cr.P.C
cannot be ordered in favour of the State Government; this
is a settled position of law.
4.Even as per section 357 Cr.P.C, compensation can
be awarded to the victim and not to the State Government.
Even as per the provision of the Tamil Nadu Prohibition
Act, no such compensation can be awarded to the State
Government. So the order that was passed by the first
appellate court suffers from illegality.
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5.On the sole ground, this criminal revision is
allowed by setting aside the impugned order, dated
22/07/2022. But however, it is remitted back to the first
appellate court namely the Principal Sessions Judge,
Thanjavur to decide the issue afresh by giving
opportunity to both sides.
6.With the above said direction, this criminal
revision stands allowed. Consequently, connected
Miscellaneous Petition is closed.
16/09/2022
Index:Yes/No
Internet:Yes/No
er
To,
1.The Principal Sessions Judge,
Thanjavur.
2.The Judicial Magistrate,
Thanjavur.
3.The Inspector of Police,
Thanjavur East Police Station,
Thanjavur.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J
er
Crl.RC(MD)No796 of 2022
16/09/2022
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
