The criminal miscellaneous petition seeking suspension of sentence under Cr.PC 389(1) was disposed of as closed/withdrawn since the main appeal was ripe for hearing.
Petition disposed of as closed/withdrawn.
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.10780 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of October Two Thousand and Twenty Three PRESENT
The Honble Mr.Justice M.SUNDAR and The Honble Mr.Justice R. SAKTHIVEL CRL MP(MD) No.10780 of 2023 in CRL A(MD) No.378 of 2022
M.THANGASAMY
... PETITIONER/APPELLANT
Vs
State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SEITHUR RURAL POLICE STATION, RAJAPALAYAM, CRIME NO.131 OF 2015. ... RESPONDENT/COMPLAINANT
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence imposed on the Petitioner/Appellant/Sole Accused passed in Spl.SC.No.33 of 2015 on the file of the Learned Sessions Judge cum Special Court for Exclusive Trial of Cases under the Protection of Children from Sexual Offences Act 2012, Virudhunagar District at Srivilliputhur, dated 18.02.2022 and enlarge him onbail pending disposal of the instant criminal appeal.
Prayer in CRL A(MD).378 OF 2022 :
To call for the records in Spl.SC.No.33 of 2015 on the file of the Learned Sessions Judge Cum Special Court for Trial of Cases under the Protection of Children From Sexual Offences Act 2012, Virudhunagar District at Srivilliputhur and set aside the order of conviction and sentence dated 18.02.2022.
Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of https://www.mhc.tn.gov.in/judis MR.S.SRIKANTH, Advocate for M/S.APN LAW ASSOCIATES for the petitioner and
1/3
CRL MP(MD) No.10780 of 2023
of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:-
(Order of the Court was made by M.SUNDAR,J.,)
When the captioned ‘Criminal Miscellaneous Petition’ [‘Crl.M.P.’ for the sake of brevity, convenience and clarity] which has been filed with a suspension of sentence prayer under Section 389(1) of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'Cr.PC' for the sake of brevity and clarity] came up for hearing, it came to light that the main criminal appeal is ripe for hearing and Mr.A.Thiruvadi Kumar, learned State Additional Public Prosecutor is also ready to argue the appeal.
case file qua captioned Crl.M.P. and a scanned reproduction of the same is as follows:
2/3
CRL MP(MD) No.10780 of 2023
3.In the light of narrative thus far, captioned Crl.M.P. is disposed of as closed/withdrawn albeit (though obvious) preserving all the rights of the
petitioner/appellant to come up with another suspension of sentence plea if there is delay in the appeal being heard out.
sd/19/10/2023 / TRUE COPY /
/10/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SESSIONS JUDGE CUM SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SEITHUR RURAL POLICE STATION, RAJAPALAYAM.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.10780 of 2023 in CRL A(MD) No.378 of 2022 Date :19/10/2023
RS/JGB/SAR-(27.10.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
1 provisions across 1 enactments
M.THANGASAMY
State
M.SUNDAR
R. SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
