In CRL MP(MD) No.6717/2020, the Madurai Bench of Madras High Court dismissed an application seeking exemption from personal surrender by the appellant before the trial court and an application to set aside a conviction confirmed by the Sessions Court.
Petitioner directed to surrender within 2 weeks; petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL MP(MD) No.6717 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twenty Sixth day of April Two Thousand and Twenty One
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CRL MP(MD) No.6717 of 2020 IN CRL RC(MD) No.670 of 2020
BOOMINATHAN ... PETITIONER/APPELLANT/ACCUSED
Vs
PREMA ... RESPONDENT/RESPONDENT/COMPLAINANT
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Exempt the personal appearance of the Petitioner from surrender before the Learned Judicial Magistrate Court No. 1, Ramanathapuram pertaining to the sentence imposed in C.A.No.20/2019 on the file of the Principal District and Sessions Court Ramanathapuram district dated 11.06.2020 in confirming the Judgment made in C.C.No.967/2017 on the file of the Learned Judicial Magistrate No.I, Ramanathapuram dated 11.10.2019
Prayer in CRL RC(MD) No.670 of 2020:
To call for the entire records pertaining to the case in C.A.No.20 of 2019 on the file of the Principal District and Sessions Court, Ramanathapuram District and in STC.No.967 of 2017 on the file of the learned Judicial Magistrate Court No.I, Ramanathapuram and set aside the conviction and sentence passed in C.A.No.20 of 2019 on the file of the Principal District and Sessions Court, Ramanathapuram District dated 11.06.2020 in confirming the judgment made in STC.No.967 of 2017 on the file of the learned Judicial Magistrate Court No.I, Ramanathapuram dated 11.10.2019 and to allow this Criminal Revision.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.KARUNANIDHI, Advocate for the petitioner and of MR.R.GANDHI, Advocate on behalf of the Respondent, while admitting the CRL.RC., the court made the following order:-
The petitioner is not exempted from surrendering before the trial Court and the petitioner is directed to surrender before the learned Judicial Magistrate No.I, Ramanathapuram, within a period of https://hcservices.ecourts.gov.in/hcservices/ 2 weeks from the date of receipt of copy of this order.
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CRL MP(MD) No.6717 of 2020
This petition is dismissed. sd/26/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM DISTRICT. 2 THE JUDICIAL MAGISTRATE COURT NO.I, RAMANATHAPURAM. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. ORDER IN CRL MP(MD) No.6717 of 2020 IN CRL RC(MD) No.670 of 2020 Date :26/04/2021 mrn JM/VR/SAR III/29.04.2021/2P/4C
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2 issues framed by the court
Whether the appellant is exempted from surrendering before the trial Court.
Whether the conviction and sentence confirmed by Sessions Court should be set aside.
BOOMINATHAN
PREMA
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
