1 6+BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.234 of 2011 S.Sathiyamoorthy ... Petitioner/Accused No.5 Vs. The State through the Inspector of Police, Mudhukulathur Police Station, Ramanathapuram District. (in Crime No.200 of 2008) ... Respondent/Respondent Prayer: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against the order dated 28.07.2010 passed by the learned District Munsif-cum-Judicial Magistrate, Mudukulathur District in S.T.C.No.14 of 2010 and seeks to expunge the remark of acquittal due to the reason of benefit of doubts as Honourary Acquittal for the petitioner. For Petitioner : M/s.T.Lajapathi Roy For Respondent : Mr.P.Kandasamy Govt. Advocate (Crl.side) O R D E R By consent, the revision petition itself is taken up for consideration. 2. The petitioner is accused No.5 in S.T.C.No.14 of 2010 on the file of the Court of Judicial Magistrate, Muthukulathur and according to the prosecution, the petitioner along with five other accused, had committed the offences under Sections 147, 294(b) and 323 of I.P.C. 3. The case of the prosecution is that on 05.11.2008 at about 18.30 hours, on account of previous enmity, the first accused abused him by using filthy words and all the accused pulled the P.W.1, kicked him and also beaten him and thereby A1 committed the offences under Sections 147, 294(b) and 323 I.P.C. and accused Nos.2 to 6 committed the offences under Sections 147 and 323 of I.P.C. 4. The case after investigation has culminated in a positive final report and it was taken on file in S.T.C.No.14 of 2010 by the Court of Judicial Magistrate, Muthukulathur. The trial Court after framing necessary charges under Section 397 I.P.C. against all the accused, questioned them and they pleaded not guilty to the charges framed against them. 5. The prosecution in order to sustain their case, examined P.W.1/de-facto complainant and P.W.2, the Investigating Officer and marked Exs.P1 to P6. https://hcservices.ecourts.gov.in/hcservices/ 2 6. All the accused were questioned under Section 313 1(b) of Cr.P.C. with regard to the incriminating circumstances made out against them and they denied it as false. On behalf of the accused, no oral evidence was let in and no documents were marked. 7. The trial Court, on taking into consideration the materials available on record, had acquitted all the accused. 8. The learned counsel appearing for the revision petitioner would submit that the revision petitioner applied for selection to the post of Grade-II Police Constable conducted by the Tamil Nadu Uniformed Services Recruitment Board and his selection has been withheld for the reason that he has been acquitted by awarding benefit of doubt. 9. A perusal of the judgment in S.T.C.No.14 of 2010 would indicate that P.W.1/de-facto complainant did not support the prosecution case, except P.W.2- the Investigating Officer, no material evidence available to prove that the petitioner has committed the offence for which he was charged. 10. The trial Court in the judgment has also not given any indication that it awarded benefit of doubt and acquitted the revision petitioner/A5. 11. In the result, the Criminal Revision Petition is disposed of and it is made clear that since the sole prosecution witness viz., P.W.1 did not support the case of the prosecution, it should be treated as honourable acquittal. 12. This Court is not expressing any opinion with regard to the submission made by the learned counsel appearing for the revision petitioner with regard to withholding of selection of the petitioner to the post of Grade-II Police Constable. akv Sd/- Assistant Registrar[RTI Act] /True copy/ To Sub Assistant Registrar 1. The Inspector of Police, Mudhukulathur Police Station, Ramanathapuram District. 2. The District Munsif-cum-Judicial Magistrate, Mudukulathur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.T.Lajapathi Roy, Advocate SR.No.20275. Crl.R.C.(MD)No.234 of 2011 Dated:27.06.2011 2P/5C RPB 14.07.2011 https://hcservices.ecourts.gov.in/hcservices/