Venkatesan vs The State Rep. By
2024 Latest Caselaw 5100 Mad

Madras High Court

Venkatesan vs The State Rep. By on 4 March, 2024

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                                    Crl.A.No.1642 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.03.2024

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                               Crl.A.No.1642 of 2023
                                            and Crl.MP.No.20075 of 2023

                     Venkatesan                                                 ... Appellant

                                                          Vs.

                     The State rep. by
                     The Inspector of Police,
                     Ariyalur Police Station,
                     Ariyalur District.
                     [Crime No.1055 of 2020]                                    ... Respondent

                     PRAYER: Criminal Appeal filed under Section 374(2) of Criminal
                     Procedure Code, to call for entire records in S.C.No.81 of 2020 on the file
                     of the learned Assistant Sessions Judge/Chief Judicial Magistrate, Ariyalur
                     and to set aside the judgment dated 22.11.2023 imposing conviction and
                     sentence on the appellant in S.C.No.81 of 2020 on the file of the learned
                     Assistant Sessions Judge/Chief Judicial Magistrate, Ariyalur and acquit
                     him.
                                         For Appellant     :     Mr.S.Senthil

                                         For Respondent    :     Mr.C.E.Pratap
                                                                 Government Advocate


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                        Crl.A.No.1642 of 2023


                                                          JUDGMENT

The petitioner/accused in S.C.No.81 of 2020 was convicted by the

learned Assistant Sessions Judge/Chief Judicial Magistrate, Ariyalur on

22.11.2023 for the offence under Section 307 IPC and sentenced to undergo

seven years rigorous imprisonment and to pay a fine of Rs.5,000/-, in

default to undergo six months rigorous imprisonment. Against which, the

present appeal is filed.

2.It is seen that the maximum sentence imposed against the petitioner

is seven years. In view of Section 374(2) CR.P.C., if the conviction

imposed against the accused is seven years or below, appeal has to be filed

before the Sessions Court. Hence, the Registry is directed to return the

papers to the appellant to unable him to present the appeal before the

Sessions Court. Further, since the appeal is filed before this Court within

the limitation period, the Sessions Court is directed not to raise objection

with regard to the point of limitation. The petitioner is directed to present

the appeal before the Sessions Court within a period of thirty days from the

date of return of papers from the Registry.

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

3.Accordingly, the Criminal Appeal stands disposed of.

Consequently, connected miscellaneous petition is closed..

04.03.2024 Speaking Order/Non Speaking Order Index : Yes/No cse

To

1.The Inspector of Police, Ariyalur Police Station, Ariyalur District.

2.The Assistant Sessions Judge/ Chief Judicial Magistrate, Ariyalur

3.The Public Prosecutor, High Court, Madras.

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

M.NIRMAL KUMAR, J.

cse

04.03.2024

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