Petitioner filed criminal revision against acquittal in misappropriation case. Bench noted prior dismissals of similar revisions and Supreme Court dismissal of SLP, leading to dismissal of current revision without distinguishing merits.
Criminal revision case dismissed without adjudication on merit based on procedural history.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2017
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
Crl.R.C.No.1000 of 2011
Tamil Nadu Fisheries Development Corporation Limited, Rep. by P.Mohanasundaram,
General Manager,
D.N.129, R.K. Mutt Road,
Raja Annamalaipuram,
Chennai-600028. ... Petitioner
vs
Sub Inspector of Police,
District Crime Branch,
Nagapattinam. ... Respondents
Criminal Revision Case filed under section 397 r/w 401 of the Code of Criminal Procedure, to set aside the Judgment dated 14.08.2008 passed in C.C.No.434 of 2000 by the Judicial Magistrate No.I, Nagapattinam and consequently to convict the accused u/s.409 of IPC.
For Petitioner : Mr.M.Kempraj
For Respondent : Mr.Sathish Rajan for R-1
Mrs.M.F.Shabana,
Govt. Advocate(Crl. Side) For R-2
Challenging the order of acquittal, the present criminal revision case has been filed. The first respondent is the sole accused in C.C.No.434 of 2000 on the file of the learned Judicial Magistrate No.I, Nagapattinam. He stood charged for an offence under Section 409 of IPC. The allegation against the first respondent/accused is that he was working as Assistant Manager in Tamil Nadu fisheries Department at Nagapattinam Division and he has misappropriated the funds of the Department. Totally, three criminal cases has been filed against the first respondent/accused for misappropriation of funds for various period and all the three cases, the first respondent was
acquitted. Challenging the order of acquittal, the petitioner herein filed three criminal revision cases before this Court in Crl.R.C.No.946 of 2011 and another criminal revision case in Crl.R.C.SR.No.15696 of 2009 and the present criminal revision case in Crl.R.C.No.1000 of 2011. Earlier, this Court, by order dated 14.07.2011, dismissed the Crl.R.C.No.946 of 2011, against which, the petitioner filed a Special Leave Petition before the Hon'ble Supreme Court and the same was dismissed by the Hon'ble Supreme Court by order dated 02.07.2012. Subsequently, another criminal revision case in Crl.R.C.SR.No.15696 of 2009 filed by the petitioner is also withdrawn by the petitioner on the ground that the Special Leave Petition filed by the petitioner was dismissed by the Hon'ble Supreme Court.
rrg To
The Judicial Magistrate No.I, Nagapattinam.
+1cc to Mr.S.Sathish Rajan, Advocate in sr.no.277 +1cc to Mr.M.Kempraj, Advocate in sr.no.299 Crl.R.C.No.1000 of 2011 NM(CO) NR 28/06/2017
2 issues framed by the court
Whether the criminal revision case should be dismissed on grounds of similar dismissed cases on merit.
Whether the present criminal revision arises from a conviction order under Section 409 IPC.
2 provisions across 2 enactments
Tamil Nadu Fisheries Development Corporation Limited
S. Senthilkumar
State
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
