Balamurugan vs State Represented By
2024 Latest Caselaw 17231 Mad

Madras High Court

Balamurugan vs State Represented By on 2 September, 2024

                                                                            Crl.A(MD). No.121 of 2020


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                  Date : 02.09.2024
                                                      CORAM:
                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN


                                            CRL A(MD). No.121 of 2020


                     Balamurugan                                  ... Appellant
                                                                                  /Sole Accused

                                                         Vs

                     State represented by
                     The Inspector of Police,
                     Thirumangalam Taluk Police Station,
                     Madurai District.
                     (Crime No.87 of 2017)                        ... Respondent/ Defacto
                                                                         complainant


                     PRAYER:This Criminal Appeal is filed under Section 374(2) of Cr.P.C.,

                     praying to call for the records in Sepcial Sessions Case No.16 of 2018 on

                     the file of the learned Sessions Judge, Mahalir Neethimandram, Madurai,

                     Madurai District and set aside the judgment dated 29.04.2019 and acquit

                     the appellant of the charges leveled against thim.

                                     For Appellant    : Mr.B.N.Raja Mohamed
                                     For Respondent   : Mr.M.Sakthi Kumar
                                                        Government Advocate(Crl.side)


                     1/4

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                                                                                Crl.A(MD). No.121 of 2020


                                                        JUDGMENT

This criminal appeal is filed by the accused against the judgment

dated 29.04.2019 passed in Sepcial Sessions Case No.16 of 2018 by the

learned Sessions Judge, Mahalir Neethimandram, Madurai, Madurai

District.

2.By order dated 22.08.2024, this Court passed the following

order:

“2.Registry is directed to call for a report from the Superintendent, Central Prison, Madurai, with regard to the date of committal of the appellant in Spl.S.C.No.44 of 2018 and the date of committal in Spl.S.c.No.16 of 2018 on the file of the learned Sessions Judge, Mahalir Neethimandram, Madurai.”

3.Pursuant to the order of this Court, a report has been received

from the Superintendent, Central Prison, Madurai, wherein, it has been

stated that the imprisonment of the appellant viz., Balamurugan,

S/o.Santhanam, has been reduced, as per the Prison Manual, as 3 months

20 days in Spl.S.C.No.16 of 2018 and he has served the sentence period

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on 28.09.2021. Subsequently, he was convicted in Spl.S.C.No.44 of 2018

on the file of the learned Judge, Mahalir Neethimandram, Madurai, by

judgment dated 26.09.2019. Now he is undergoing life imprisonment.

4.Since the period of imprisonment had already been served by the

appellant, nothing survives for adjudication in the criminal appeal.

Hence, this Criminal Appeal is dismissed as infructuous.

02.09.2024 Index:Yes/No Internet:Yes/No Ns To:

1.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

2.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOAN,J Ns

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ORDER IN

Date : 02.09.2024

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