Madras High Court
Balachandar vs G.Shanmugam (Died) on 20 June, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.17753 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
Crl.O.P.No.17753 of 2025
Balachandar ... Petitioner
Vs.
G.Shanmugam (died)
1. Sagunthala
2. Bhuvaneshwari
3. S.Senthilkumar
4. Mageshwari ... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of BNSS
2023, to set aside the docket order dated 16.04.2025 passed in
C.M.P.No.1 of 2025 in Crl.M.P.No.5961 of 2024 in Crl.A.No.197 of
2024 by the learned Additional District Judge, Thiruvallur.
For Petitioner : Mr.K.Balaji
Page 1 of 6
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Crl.O.P.No.17753 of 2025
ORDER
This Criminal Original Petition has been filed to set aside the
docket order dated 16.04.2025 passed in C.M.P.No.1 of 2025 in
Crl.M.P.No.5961 of 2024 in Crl.A.No.197 of 2024 by the learned
Additional District Judge, Thiruvallur.
2. Heard the learned counsel appearing for the petitioner and
perused the materials available on record.
3. On a perusal of the records, it is seen that the petitioner filed
Crl.A.No.197 of 2024 against the judgment dated 14.08.2024 passed in
S.T.C.No.55 of 2022 by the learned Judicial Magistrate, Fast Track
Court at Magisterial Level, Tiruvallur. Pending Criminal Appeal, the
petitioner filed Crl.M.P.No.5961 of 2024 under Section 430 of BNSS
before the learned Additional District Judge, Thiruvallur, seeking
suspension of sentence. The learned Sessions Judge vide order dated
04.10.2024, passed a conditional order that the petitioner has to deposit
20% of the compensation amount before the Trial Court to the credit of
STC No.55 of 2022 within a period of 60 days.
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4. The date of order of the learned Sessions Judge is 04.10.2024.
The petitioner filed a memo with regard to the deposition of
compensation amount before the learned Magistrate only on 03.12.2024.
The learned Magistrate returned the memo stating that the time
stipulated for payment of compensation amount as per the order of the
learned Sessions Judge was expired on 02.12.2024 itself. Hence, the
petitioner filed a petition in Crl.M.P.No.1 of 2025 in Crl.M.P.No.5961 of
2024 in Crl.A.No.197 of 2024 under Section 148 of Cr.P.C., seeking
extension of time before the learned Sessions Judge. The learned
Sessions Judge, dismissed the same vide impugned docket order dated
16.04.2025. Aggrieved by the same, the petitioner has filed this criminal
original petition.
5. Though sufficient time was granted to the petitioner to deposit
the compensation amount, at the eleventh hour, he filed a memo before
the learned Magistrate. The petitioner has not filed any affidavit before
the learned Magistrate, whereas, he filed a memo with regard to the
deposition of compensation amount.
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6. Considering the facts and circumstances of the case, in order to
give an opportunity to the petitioner, both the adjudication order dated
03.12.2024 passed by the learned Magistrate and the impugned docket
order passed by the learned Sessions Judge, are set aside.
7. The learned Magistrate is directed to receive the compensation
amount to be paid by the petitioner on 23.06.2025. Further, the learned
Sessions Judge is directed to dispose of the appeal within a period of one
month. The petitioner is also directed to extend his co-operation for the
early disposal of the appeal.
8. With the abovesaid direction, this Criminal Original Petition is
disposed of.
20.06.2025
mfa
Index:Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
Note: Issue Order Copy on 20.06.2025
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To
1.The Additional District Judge, Thiruvallur.
2. The Judicial Magistrate, Fast Track Court at Magisterial Level,
Tiruvallur.
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P.VELMURUGAN, J
mfa
20.06.2025
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