Petitioner sought an order exempting surrender before the Sessions Court during the disposal of a review application. The court dismissed the petition noting that a prior order of sentence suspension left nothing to adjudicate.
Petition dismissed with no need to exempt surrender as sentence was already suspended.
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Crl.M.P.(MD)No.1346 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of February Two Thousand and Twenty Two PRESENT
The Hon`ble Mrs.Justice R.THARANI
Crl.M.P.(MD)No.1346 of 2022 in Crl.R.C.(MD)No.77 of 2022
ELANGOVAN ... PETITIONER/ PETITIONER
Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT. CRIME NO.363 OF 2011. ... RESPONDENT/ RESPONDENT
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an Exemption from surrendering before the Additional District and Sessions Court,Virudhunagar in Crl.A.No.16 of 2016 on 17.11.2021 in confirming the conviction and sentence imposed by the court of the Judicial Magistrate,Aruppukottai in CC.No.105 of 2012 on 3.3.2014 pending disposal of Crl.R.C.,
Prayer in CRL RC(MD). 77/ 2022 :
To call for records and to set aside the conviction and sentence imposed by the Additional District and Sessions Court, Virudhunagar in Crl.A.No.16 of 2016 on 17.11.2021 in confirming the conviction and sentence imposed by the Court of Judicial Magistrate,Aruppukkottai.
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.JOTHI BASU M, Advocate for the petitioner and of MR.R.M.ANBUNITHI, Additional Public Prosecutor on behalf of the Respondent While admitting the Crl.R.C., the court made the following order:-
Since an order of suspension of sentence was already granted by this court, there is nothing survives for adjudication in this petition. Hence, this petition is dismissed.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
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Crl.M.P.(MD)No.1346 of 2022
TO
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-602[I] dated 02/02/2022 )
ORDER IN Crl.M.P.(MD)No.1346 of 2022 in
Crl.R.C.(MD)No.77 of 2022 Date :01/02/2022 mrn
MK/PN/SAR.I/03.02.2022/2P/7C
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2 issues framed by the court
Whether a fresh order needs to be passed when a suspension of sentence already exists for the petitioner.
Whether this criminal miscellaneous petition requires adjudication given the existing suspension of sentence.
ELANGOVAN
THE STATE BY THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
