Madras High Court
Karuppasamy vs The State Represented By on 7 March, 2023
Crl.R.C.(MD)No.142 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 07.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)Nos.24 and 42 of 2017
Karuppasamy ... Petitioner in Crl.R.C(MD) No.24 of 2016
S.Parameswari ... Petitioner in Crl.R.C(MD) No.42 of 2016
Vs.
The State represented by
The Inspector of Police,
“Q” Branch CID Police Station,
Madurai City, Madurai District.
(Crime No.1 of 2007) ... Respondent
in both cases
COMMON PRAYER : These Criminal Revision Cases are filed under
Section 397 r/w 401 of Cr.P.C., to call for the records of the judgment
dated 22.10.2016 passed in C.A.No.9 of 2015, dated 22.10.2016 on the
file of the VI Additional District and Sessions Court, Madurai, modifying
the judgment dated 12.01.2015 passed in C.C.No.232 of 2008 on the file
of the Judicial Magistrate Court No.II, Madurai and set aside the same.
For Petitioners : Mr.S.G.C.Rishwanth
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
( in both cases)
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Crl.R.C.(MD)No.142 of 2014
COMMONORDER
These Criminal Revision Cases are filed to set aside the judgment
dated 22.10.2016 passed in C.A.No.9 of 2015, dated 22.10.2016 on the
file of the VI Additional District and Sessions Court, Madurai, modifying
the judgment dated 12.01.2015 passed in C.C.No.232 of 2008 on the file
of the Judicial Magistrate Court No.II, Madurai.
2.The respondent registered the FIR in Crime No.1 of 2007
as against the petitioners and others for the offences under Sections 463,
471, 473 and 420 of IPC and after completing the investigation, filed the
final report. The petitioner in Crl.R.C(MD)No.24 of 2017 is arrayed as
Accused No.2 and the petitioner in Crl.R.C(MD) No.42 of 2017 is
arrayed as Accused No.1.
3.The respondent police filed a case in C.C.No.232 of 2008
as against the accused on the file of the learned Judicial Magistrate No.II,
Madurai. The gist of the charge was that the first accused/Parameshwari
and her Son Balamurugan travelled from Srilanka and stayed at
Tamil Nadu as refugee. The third accused/Balamurugan involved in a
case of smuggling materials for L.T.T.E. He was arrested and lodged in
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Crl.R.C.(MD)No.142 of 2014
Special Camp at Chengalpatu. In order to release of his son from the
camp, the first accused along with the second accused, who is none other
than the son in law, with common intention, prepared the Birth
certificate, Driving License, School Certificate, by forging signatures of
other person and claimed that his son is an Indian citizen.
4. After trial, the Trial Court convicted the accused 1 to 3 and
acquitted the fourth accused. Aggrieved by the same, the accused 1 to 3
preferred an appeal in Crl.A.No.9 of 2015 on the file of the Additional
Sessions Judge, Madurai. The Appellate Court acquitted the third
accused from all the charges and confirmed the conviction as against A1
for the offence under Sections 466 and 471 of IPC and A2 for the offence
under Sections 466, 471 and 473 of IP. Aggrieved by the same, the
revision case is filed.
5. The learned Additional Public Prosecutor submitted that the
petitioners already undergone incarceration for a period of 5 months and
71 days. Though this Court finds no infirmity or illegality in the order
passed by Courts below, this Court is inclined to reduce the sentence
alone. Accordingly, the conviction passed by the Courts below as
against the petitioners are confirmed and insofar as the sentence imposed
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Crl.R.C.(MD)No.142 of 2014
as against the petitioners by the Courts below is concerned, the sentence
is reduced to the period which was already undergone by them.
Accordingly, these Criminal Revision Cases are partly allowed.
07.03.2023
NCC : Yes/No
Internet: Yes/No
Index : Yes/No
cp
To
1.The VI Additional District and Sessions Court,
Madurai.
2.The Judicial Magistrate Court No.II,
Madurai.
3.The Inspector of Police,
“Q” Branch CID Police Station,
Madurai City, Madurai District.
4.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.142 of 2014
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.142 of 2014
G.K.ILANTHIRAIYAN , J.,
cp
Crl.R.C.(MD)Nos.24 and 42 of 2017
07.03.2023
https://www.mhc.tn.gov.in/judis
