Allowed

N.Saravana Kumar v. the Inspector of Police

Madras HC5 Feb 2016CRL OP(MD)/1986/2016

Case brief

AI extract

What is this about?

The Madurai Bench allowed a Criminal Original Petition filed by N.Saravana Kumar to obtain leave to file a Criminal Appeal. The petitioner, as a de-facto complainant, sought enhancement of the sentence imposed on seven accused persons who were convicted under sections not found by the trial court in the original case.

What did the court decide?

Leave to file Criminal Appeal No.36089/15 on the file of this Court for enhancement of sentence is granted.

N.Saravana Kumar Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Friday, the Fifth day of February Two Thousand Sixteen

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PRESENT

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The Honble Mr.Justice A.SELVAM and The Honble Mr Justice G.CHOCKALINGAM

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CRL OP(MD) No.1986 of 2016 IN CRL.A(MD)SR.NO.36089/15

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N.SARAVANA KUMAR

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S/O.NARAYANAN ... PETITIONER

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THE INSPECTOR OF POLICE THIRUPPAVANAM POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO. 158/2000)

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2 T.THIRUGNANAM

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3 RAVI@RAVICHANDRAN

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4 VELMURUGAN

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5 SARAVANAN@RATHINAVEL

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6 BHASKARAN

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7 NAGASUNDARAM

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8 BHANUMATHI ... RESPONDENTS /RESPONDENTS

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Petition filed under Section 378(3) of Cr.P.c praying that in the circumstances stated therein and in the affidavit, filed there of the High Court will be pleased to grant leave to File the above Criminal Appeal before this Hon`ble Court.

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Criminal Appeal Prayer:-

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The Petition under Section 378(3) of Cr.P.C. praying that in and in the affidavit filed there of the High Court will be pleased to set aside the Judgment and Conviction made in S.C.No.83/06 dated 18/08/2015 on the file of the learned Sessions Judge, Sivagangai by enhancing the sentence imposed on the accused person and allow the above Criminal Appeal.

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ORDER:- This Criminal Original Petiton coming for hearing on this day upon perusing the petition and the affidavit and material papers of this Petition and upon hearing the arguments of Mr.Veerakathiravan, Advocate for the petitioner and of Mr.R.Ramachandran, Additional Public Prosecutor on behalf of the Respondent No.1 and Mr.K.Prabhu, Advocate for Respondent Nos.2 to 8 till this day, the Court made the following Order:-

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https://hcservices.ecourts.gov.in/hcservices/

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This Petition has been filed praying to permit the petitioner to prefer Crl.A(MD)SR.No.36089/2015 on the file of this Court.

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It is averred in the Petition that the petitioner as a de-facto complainant in S.C.No.83/2006 on the file of the District and Sessions Court, Sivagangai, wherein the respondents 2 to 8 have been shown as accused. The Trial Court has not found the respondents 2 to 8/accused as per the Sections mentioned in the Charges. Under the said circumstances , for getting enhancement of punishment, Crl.A (MD)SR.No.36089/2015 has been filed on the file of this Court and for getting necessary permission, the present Petition has been filed.

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Considering the nature of the relief sought in the present Petition and also nature of punishments passed in S.C.No.83/2006 by the Trial Court, the present petition can be allowed.

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In fine, this Petition is allowed.

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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1.THE INSPECTOR OF POLICE THIRUPPAVANAM POLICE STATION, SIVAGANGAI DISTRICT 2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

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RL/3C/AAL/MPA/SARI/12/2/2016

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ORDER Date :05/02/2016 ORDER CRL.OP(MD) No.1986 of 2016 IN CRL.A(MD)SR.NO.36089/15 LEAVE PETITION ALLOWED

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https://hcservices.ecourts.gov.in/hcservices/

N.Saravana Kumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

N.Saravana Kumar v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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