The court dismissed a criminal appeal due to the appellant's absence. It directed the trial court to issue a warrant for the appellant's arrest before the appeal can be restored, noting the conviction involved Section 306 IPC.
Appeal dismissed; order restored only upon appearance of the accused.
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Crl.A.(MD) No.150 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.A.(MD) No.150 of 2016
Palani
... Appellant
vs.
State The Inspector of Police, Kundrakudi Police Station, Sivagangai District.
... Respondent
PRAYER:- This Appeal filed under Section 374 of the Code of Criminal Procedure, to set aside the order passed by the District Fast Track Mahila Court, Sivagangai in S.C.No.118 of 2010 dated 03.02.2016.
For Appellant : No appearance For Respondent : Mr.T.Senthil Kumar
Government Advocate (Crl.Side)
JUDGMENT
When the case came up for hearing on 30.03.2021, the then learned Single Judge of this Court, Honourable Mr.JUSTICE K.MURALI SHANKAR ordered notice to the appellant in this appeal stating that the learned counsel on record had withdrawn his memo of appearance and the memo was also recorded. Therefore, the learned Single Judge had ordered notice and the case was directed to be listed on 26.04.2021.
2.On 26.04.2021, it is found that service of notice was awaited and till then, notice was not served. Therefore, fresh notice was issued to the appellant/accused and the case was directed to be listed on today, 20.07.2021. Today, 20.07.2021, it was found that the accused had vacated his premises and he was not available in the address mentioned in the records. Therefore, Registry has put up a note for further orders.
3.It is found from the records available before this Court that the case arose out of the conviction by the Court of the learned District Fast Track Mahila Judge, Sivagangai in S.C.No.118 of 2010 dated 03.02.2016. Therefore, the learned trial Judge/the District Fast Track Mahila Judge, Sivagangai is directed to issue warrant to the Inspector of Police, Kundrakudi Police Station, Sivagangai District to secure the appellant/accused to undergo rigorous https://hcservices.ecourts.gov.in/hcservices/
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Crl.A.(MD) No.150 of 2016
imprisonment for a period of 5 years and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for a period of 6 months for the offence under Section 306 of IPC, only then this appeal can be taken up.
4.In view of the above, this appeal is dismissed. Only on appearance of the accused, this appeal can be restored. Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mm To 1.The Judge, District Fast Track Mahila Court Sivagangai. 2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District. 3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.A.(MD) No.150 of 2016 20.07.2021 KMK (CO) LR (04.08.2021) 2P 4C
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1 issue framed by the court
Whether the criminal appeal filed under Section 374 CrPC can be taken up while the appellant is unavailable.
1 provisions across 1 enactments
Palani
State
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
