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S.Nitharasan Vs Inspector of Police — Madras HC (2025) — LawSathi Research

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Madras HC
2025
S.Nitharasan Vs Inspector of PoliceS.Nitharasan v. Inspector of Police

Dismissed¶30

S.Nitharasan v. Inspector of Police

Madras HC24 Mar 2025CRL RC/515/2023

Case brief

AI extract

What is this about?

Madras High Court, Crl.RC.No.515 of 2023 (decided 24.03.2025, P.VELMURUGAN, J.): criminal revision under Sections 401 and 397 Cr.P.C. against conviction/sentence confirmed in C.A.No.43 of 2023 (Principal Sessions Judge, Tirupur, 25.01.2023) arising from C.C.No.730 of 2022 (Judicial Magistrate Court No.II, Tirupur, 13.12.2022), Crime No.645 of 2022; dismissed as infructuous because the revision petitioner had already undergone the sentence, been released from prison, and was not interested to prosecute the case; connected Crl.M.P.No.9092 of 2023 closed; no adjudication on merits; useful precedent only for infructuous-revision practice, not for substantive criminal-law propositions.

What did the court decide?

Since the petitioner has already undergone the period of sentence imposed by the Courts below and is not interested to prosecute the case, this Court holds that nothing survives in the revision for further adjudication.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the conviction and sentence confirmed in C.A.No.43 of 2023 by the Principal Sessions Judge, Tirupur (arising from C.C.No.730 of 2022 before the Judicial Magistrate Court No.II, Tirupur) should be set aside in this criminal revision under Sections 401 and 397 Cr.P.C.

Court's answer

Since the petitioner has already undergone the period of sentence imposed by the Courts below and is not interested to prosecute the case, this Court holds that nothing survives in the revision for further adjudication.

Ratio / Principle

The Criminal Revision Case is dismissed as infructuous, and consequently the connected Miscellaneous Petition (Crl.M.P.No.9092 of 2023) is closed.

Detailed headnote1 paragraphs

Criminal Revision (Ss. 401 & 397 Cr.P.C.) — Dismissal as infructuous — Petitioner S.Nitharasan sought to set aside the conviction and sentence confirmed in C.A.No.43 of 2023 (judgment dated 25.01.2023) by the learned Principal Sessions Judge, Tirupur, made in C.C.No.730 of 2022 (judgment dated 13.12.2022) by the learned Judicial Magistrate Court No.II, Tirupur — At hearing, the learned Additional Public Prosecutor submitted that the revision petitioner had already undergone the conviction and sentence imposed by the Courts below, had come out of prison, and was not interested to argue the matter — Holding that, as the petitioner had already undergone the period of sentence and was not interested to prosecute the case, nothing survived in the revision for further adjudication, the Court dismissed the Criminal Revision Case as infructuous and closed the connected Crl.M.P.No.9092 of 2023 — No merits adjudication; conviction and sentence confirmed below left undisturbed by this dismissal. (Madras High Court; P.VELMURUGAN, J.; 24.03.2025)

A

Crl.RC.No.515 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Crl.RC.No.515 of 2023

and

Crl.M.P.No.9092 of 2023

S.Nitharasan ... Petitioner

Vs.

State rep. by its The Inspector of Police South Police Station Tirupur District Crime No.645 of 2022 ... Respondent

Prayer : Criminal Revision Case filed under Sections 401 and 397 of Cr.P.C. to call for the entire records and set aside the conviction and sentence confirmed

in C.A.No.43 of 2023 judgment dated 25.01.2023 made by the learned Principal Sessions Judge, Tirupur and in C.C.No.730 of 2022 judgment dated 13.12.2022 made by the learned Judicial Magistrate Court No.II at Tirupur.

1/4

https://www.mhc.tn.gov.in/judis

Crl.RC.No.515 of 2023 For Petitioner : Mr.M.Vimal Bobby Crimson For Respondent : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside

the conviction and sentence confirmed in C.A.No.43 of 2023 dated 25.01.2023

by the learned Principal Sessions Judge, Tirupur, made in C.C.No.730 of 2022

dated 13.12.2022 by the learned Judicial Magistrate Court No.II at Tirupur.

Today, when the matter is taken up for hearing, the learned Additional

Public Prosecutor appearing for the respondent submitted that the revision petitioner has already undergone the conviction and sentence imposed by the Courts below and he has also come out from the prison. Further, the petitioner

is also not interested to argue the matter.

Since the petitioner has already undergone the period of sentence and

also not interested to prosecute this case, this Court feels that nothing survives

in this revision for further adjudication.

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https://www.mhc.tn.gov.in/judis

Crl.RC.No.515 of 2023 4. Therefore, this Criminal Revision Case is dismissed as infructuous.

Consequently, the connected Miscellaneous Petition is closed.

24.03.2025

Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2

To

The Principal Sessions Judge, Tirupur

The Judicial Magistrate Court No.II, Tirupur.

The Inspector of Police South Police Station, Tirupur District

The Public Prosecutor High Court of Madras, Chennai

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https://www.mhc.tn.gov.in/judis

Crl.RC.No.515 of 2023 P.VELMURUGAN. J.

Ksa-2

Crl.RC.No.515 of 2023

24.03.2025

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https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the conviction and sentence confirmed in C.A.No.43 of 2023 by the Principal Sessions Judge, Tirupur (arising from C.C.No.730 of 2022 before the Judicial Magistrate Court No.II, Tirupur) should be set aside in this criminal revision under Sections 401 and 397 Cr.P.C.¶12
The court held
Since the petitioner has already undergone the period of sentence imposed by the Courts below and is not interested to prosecute the case, this Court holds that nothing survives in the revision for further adjudication.ratio¶26

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.401, 397¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Conviction and sentence confirmed in C.A.No.43 of 2023 judgment dated 25.01.2023 by the learned Principal Sessions Judge, Tirupur, made in C.C.No.730 of 2022 judgment dated 13.12.2022 by the learned Judicial Magistrate Court No.II at Tirupur.¶13
Principal Sessions Judge, Tirupur · 25.01.2023
Prior proceeding
Trial court conviction and sentence in C.C.No.730 of 2022 judgment dated 13.12.2022 by the learned Judicial Magistrate Court No.II at Tirupur.¶13
Prior proceeding
First appellate stage: conviction and sentence confirmed in C.A.No.43 of 2023 judgment dated 25.01.2023 by the learned Principal Sessions Judge, Tirupur.¶13
Prior proceeding
Underlying case registered as Crime No.645 of 2022 at South Police Station, Tirupur District (stated in the respondent's description).¶11

Parties & counsel

AI extract

petitioner
S.Nitharasan¶9
Mr.M.Vimal Bobby Crimson
respondent
State rep. by its The Inspector of Police South Police Station Tirupur District Crime No.645 of 2022¶11
Mr.S.Sugendran

Coram

AI extract

P.VELMURUGANauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Mar 2025 · March
Registered: 16 Mar 2023
Case no.: CRL RC/515/2023
CNR: HCMA010420792023
Bench: P. Velmurugan
Disposal: DISMISSED AS INFRUCTUOUS
Case type: Crl.RC.

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Cite this judgement

S.Nitharasan v. Inspector of Police, CRL RC/515/2023 (MAD), decided on 24 March 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.401, 397

View all statutes

Procedural history4

Conviction and sentence confirmed in C.A.No.43 of 2023 judgment dated 25.01.2023 by the learned Principal Sessions Judge, Tirupur, made in C.C.No.730 of 2022 judgment dated 13.12.2022 by the learned Judicial Magistrate Court No.II at Tirupur.Principal Sessions Judge, Tirupur · 25.01.2023
Trial court conviction and sentence in C.C.No.730 of 2022 judgment dated 13.12.2022 by the learned Judicial Magistrate Court No.II at Tirupur.
First appellate stage: conviction and sentence confirmed in C.A.No.43 of 2023 judgment dated 25.01.2023 by the learned Principal Sessions Judge, Tirupur.

View full history

Bench / Coram

P.VELMURUGAN

Parties & counsel