Ramasubramanian vs Ashokkumar
2023 Latest Caselaw 13898 Mad

                                                                              Crl.O.P.(MD) No.18404 of 2023


                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 13.10.2023

                                                        CORAM:

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                          Crl.O.P.(MD) No.18404 of 2023
                                        and Crl.M.P(MD)No.14530 of 2023

                Ramasubramanian
                                                                                        ... Petitioner
                                                          Vs
                Ashokkumar
                                                                                    ... Respondent

                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
                this Court to issue appropriate direction for setting aside the docket order
                made by the Principal District and Sessions Judge, Tuticorin, dated
                13.07.2023 on the unnumbered Criminal Appeal in filing No.4590/2023 on
                the file of the Principal Sessions Judge, Tuticorin and to direct the appellate
                Court ( Principal District and Sessions Judge, Tuticorin) to take the Criminal
                Appeal on the file along with the suspension of sentence application and
                consider the same on merits in accordance with law.


                                       For Petitioner     : Mr. G.Mariappan




                1/4

https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.18404 of 2023


                                                       ORDER

This Criminal Original Petition has been filed to issue

appropriate direction for setting aside the docket order made by the Principal

District and Sessions Judge, Tuticorin, dated 13.07.2023 on the unnumbered

Criminal Appeal in filing No.4590/2023 on the file of the Principal Sessions

Judge, Tuticorin and to direct the appellate Court ( Principal District and

Sessions Judge, Tuticorin) to take the Criminal Appeal on the file along with

the suspension of sentence application and consider the same on merits in

accordance with law.

2.When the matter was taken up for hearing, the learned counsel

for the petitioner submitted that on the date of Judgment in S.T.C.No.488 of

2018, on the file of Judicial Magistrate, Tiruchendur, the petitioner was

remained absent and filed petition under Section 309 of Cr.P.C. The same was

dismissed by the learned Judge and Judgment was pronounced by convicting

and sentencing the petitioner to undergo 6 months Simple Imprisonment and

to pay compensation of Rs.15 lakhs. Against which, the petitioner preferred

an appeal before the appellate Court along with the on-line Judgment copy

and the same was not entertained by the appellate Court. Now, the petitioner

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18404 of 2023

settled the dispute with the respondent. Hence, this petition seeking

indulgence of this Court to issue direction to the trial Court to issue certified

copy of the Judgment to the petitioner.

3.Since the petitioner was absent on the date of Judgment, he was

not entitled for the certified copy of the Judgment is not correct. The

petitioner has every right to know the reasons for the conviction and sentence

imposed against him. His right cannot be denied by the trial Court.

4.Based on the above observations, the learned Judicial

Magistrate, Tiruchendur is directed to issue a certified copy of Judgment in

S.T.C.No.488 of 2018, dated 08.06.2023 to the petitioner immediately.

5.Accordingly, this Criminal Original Petition stands disposed of.

Consequently, connected miscellaneous petition is closed.

13.10.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18404 of 2023

To The Judicial Magistrate, Tiruchendur G.ILANGOVAN, J.

PNM

ORDER IN Crl.O.P.(MD) No.18404 of 2023 and Crl.M.P(MD)No.14530 of 2023

13.10.2023

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