Madras High Court
A.R.Muthukrishnan vs The Inspector Of Police on 3 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.1136 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.O.P.(MD)No.1136 of 2025
and
Crl.M.P.(MD)No.774 of 2025
A.R.Muthukrishnan ... Appellant
versus
The Inspector of Police,
CBI/SCB,
Chennai.
In R.C.No.4(s) of 1994 ... Respondent
Petition filed under Section 528 of Bharatiya Nagarik Suraksha
Sanhita (under Section 482 of the Criminal Procedure Code), seeking to call
for the records pertaining to the impugned Distress Warrant dated
06.09.2024 on the file of the Special Court for CBI Cases, Madurai and
thereby, quash the same as illegal.
For Appellant : Mr.A.Robinson
For Respondent : Mr.N.Mohideen Basha
Special Public Prosecutor for CBI cases
1/5
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Crl.O.P.(MD)No.1136 of 2025
ORDER
This Criminal Original Petition has been filed as against the distress
warrant issued by the learned II Additional District Judge (CBI Cases),
Madurai, in R.C.No.4(S) of 1994 on the file of the Inspector of Police,
CBI/SCB/Chennai, which was tried in C.C.No.4 of 1998. The distress
warrant is a warrant to levy a fine by attachment of property and sale.
2. The petitioner was found guilty in C.C.No.4 of 1998 by the
learned II Additional District Judge (CBI Cases), Madurai, by its Judgment
dated 27.12.2002 and he was convicted and sentenced as follows:
(i) for the offence under Sections 120-B r/w. 420, 467, 468, 471 and
381 IPC, to undergo 5 years rigorous imprisonment and to pay a fine of
Rs.10,000/- and in default, to undergo rigorous imprisonment for six
months.
(ii) for the offence under Section 420 IPC, to undergo 5 years
rigorous imprisonment and to pay a fine of Rs.2,00,000/- and in default, to
undergo one year rigorous imprisonment.
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3. Apart from that, the petitioner was also tried in C.C.Nos.5 and 6 of
1998. As against the Judgment of conviction and sentence, the petitioner
filed Criminal Appeals in Crl.A.Nos.714 to 716 of 2003, which were
dismissed by this Court on 05.02.2008. Thereafter, the petitioner has filed a
petition before this Court in Crl.O.P.(MD)No.2239 of 2012 seeking to pass
orders to run the sentence concurrently in all three cases. The said petition
was allowed by this Court on 12.06.2014 and the sentences imposed in
C.C.Nos.4 to 6 of 1998 were ordered to run concurrently.
4. It is reported that the petitioner has already completed the sentence
period and he was in jail for nearly 12 years. In the event, if the petitioner
has not paid the fine amount imposed by the trial Court, the default sentence
for non-payment of fine amount is only one year. The petitioner has also
undergone the default sentence period. However, the impugned distress
warrant was issued against the petitioner for non-payment of the fine
amount.
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5. Considering the fact that the petitioner already underwent the
sentence period of 12 years and also underwent the default sentence for
non-payment of the fine amount, this Criminal Original Petition is allowed
and the impugned Distress Warrant dated 06.09.2024 issued by the II
Additional District Judge (CBI Cases), Madurai, is hereby set aside.
Consequently, connected miscellaneous petition is closed.
03.03.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The II Additional District Judge
(CBI Cases),
Madurai.
2. The Inspector of Police,
CBI/SCB,
Chennai.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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B.PUGALENDHI, J.
ogy
03.03.2025
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