Balu vs Elumalai
2023 Latest Caselaw 9421 Mad

                                                                                  Crl.RC.No.341 of 2020


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 01.08.2023
                                                        CORAM:
                  THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
                                                Crl.RC.No.341 of 2020

                Balu                                              ... Petitioner/Accused


                                                          Vs.

                 Elumalai                                        ... Respondent/Complainant



                PRAYER: Criminal Revision Petition filed under Section 397 & 401 Criminal
                Procedure Code, to set aside the judgment in C.A.No.37 of 2012 on the file of
                the learned Principal Sessions, Judge, Tiruvannamalai, Tiruvanamalai District
                dated 22nd January 2020, confirming the judgment in C.C.No.108 of 2011 on
                the file of the Judicial Magistrate, Fast Track Court, Tiruvannamalai,
                Tiruvanamalai District, dated 30th July 2012 and call for the records and acquit
                the petitioner from all the charges.

                                       For Petitioner     : M/s.S.C.Ramesh
                                       For Respondent     : Not ready in notice


                                                        ORDER

This Criminal Revision Petition had been filed to set aside the judgment

in C.A.No.37 of 2012 on the file of the learned Principal Sessions, Judge,

Tiruvannamalai, Tiruvanamalai District, dated 22.01.2020, confirming the

judgment in C.C.No.108 of 2011 on the file of the Judicial Magistrate, Fast

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Crl.RC.No.341 of 2020

Track Court, Tiruvannamalai, Tiruvanamalai District, dated 30.07.2012 and

call for the records and acquit the Petitioner from all the charges.

2.On perusal of the records, it is found that the Criminal Revision Case

is filed in the year 2020. Even after three years, notice had not been taken to

the Complainant/Respondent by the Revision Petitioner/Accused. As per the

printed cause list, notice sent earlier in the year 2020 was returned with an

endorsement “Refused”. Therefore, this Criminal Revision Case is dismissed.

3.The Learned Judicial Magistrate, Fast Track Court, Magisterial level,

Tiruvannamalai, is directed to issue warrant in continuation of the judgment of

conviction recorded by the learned Judicial Magistrate, Fast Track Court,

Magisterial level, Tiruvannamalai, in C.C.No.108 of 2011 and detain the

Accused in Prison to serve the sentence of imprisonment.

01.08.2023

vsn Index:Yes/No Internet:Yes/No

Note:Issue Order Copy on 01.08.2023

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Crl.RC.No.341 of 2020

To

1.The Judicial Magistrate, Fast Track Court, Magisterial Level,Tiruvannamalai.

2.The Principal Sessions, Judge, Tiruvannamalai, Tiruvanamalai District

https://www.mhc.tn.gov.in/judis

Crl.RC.No.341 of 2020

SATHI KUMAR SUKUMARA KURUP,J.

Vsn

Crl.RC.No.341 of 2020

01.08.2023

https://www.mhc.tn.gov.in/judis