1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.03.2011 Coram: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.RC.(MD).No.179 of 2011 R.Subramani .. Petitioner/Sole Accused vs. The State rep. by The Sub Inspector of Police, Vedachandur Police Station, Dindigul District. (Crime No.46 of 2011) .. Respondent/Complainant Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to set aside the order passed in S.T.C.No.115 of 2011 dated 05.02.2011 on the file of Judicial Magistrate, Vedachandur and acquit the petitioner as Hon'ble acquittal. For Petitioner : Mr.J.Ashok for M/s.Jeyapaul Associates For Respondent : Mr.R.M.Anbunithi Govt. Advocate (crl. side) O R D E R This Criminal Revision is preferred to set aside the order passed in S.T.C.No.115 of 2011 dated 05.02.2011 on the file of the learned Judicial Magistrate, Vedachandur and acquit the petitioner as Hon'ble acquittal. 2. The petitioner was the sole accused in S.T.C.No.115 of 2011, on the file of the learned Judicial Magistrate, Vedachandur, wherein the accused, put up for trial stands convicted under judgment dated 05.02.2011 and directed to pay a fine of Rs.200/- in default, to undergo simple imprisonment for a period of one week. 3. The allegation made against the petitioner/accused is that he used a place named New India Recreation Club for gambling purpose. The petitioner/accused was charged for offence under Section 8 of the Tamil Nadu Gambling Act. The lower Court has passed the judgment and conviction on the very date of production of the accused before the Court and on a plea of guilty without affording any time for reflection to the petitioner/accused. 4. Heard Mr.J.Ashok, learned counsel appearing for the petitioner as well as Mr.R.M.Anbunithi, the learned Government Advocate (criminal side) appearing for the respondent. 5. The learned counsel for the petitioner states that unless the acquittal of the petitioner is an honourable one, the petitioner's future prospects in life would be severely impaired. In support of his contention, he has relied on an order of this Court dated 01.04.2008 made in Crl.RC.No.369 of 2008, wherein a learned Single Judge has held as follows:- https://hcservices.ecourts.gov.in/hcservices/ 2 "The learned counsel would rely on the Judgment of this Court in Somasundaram Vs. The State Through the Inspector of Police, Melur Police Station, Madurai [CRL.R.C.No.269 of 2008, dated 28.02.2008], wherein in a similar case, the learned Single Judge of this Court, after referring to various Judgments of this Court as well as the Hon'ble Supreme Court has expunged the remarks. Further, the learned counsel for the petitioners brought to the notice of this Court that the petitioners seek public employment and if the said remark in the Judgment of the Lower Court is not expunged, that would carry a stigma and would be disqualification for them to seek employment. The Principles stated in the above said Judgment are squarely applicable to the facts of this case. In view of the above position, in my considered opinion, the observation of the learned III Additional Sessions cum PCR Court, Madurai, that the acquittal is on the basis of benefit of doubt requires to be modified so as to record the acquittal honourable. For all the reasons stated above, this Criminal Revision Petition is allowed and the finding of the Lower Court that the petitioners are acquitted on giving benefit of doubt is modified and the petitioners shall stand acquitted honourably." 6. Following the said order of this Court, the present Criminal Revision Petition is allowed by setting aside the judgment of conviction of the lower Court, to the effect that the petitioner shall stand acquitted honourably. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The Judicial Magistrate, Vedachandur 2.The Sub Inspector of Police, Vedachandur Police Station, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s Jeyapaul Associates, Sr.No.11143 vsm Crl.RC.(MD).No.179 of 2011 03.03.2011 TR : 30.03.2011 : 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/