1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD).No.129 of 2011 Karthik .. Petitioner/A-1 vs. State represented by Inspector of Police Sholavanthan Police Station, Madurai District. .. Respondent Crime No. 432 of 2005: Criminal Revision Petition filed under Section 397 and 401 of Criminal Procedure Code to call for the records from the lower Court and to duly set aside the orders passed by the Judicial Magistrate No.IV, Madurai, Madurai District in S.T.C.No.663 of 2005 dated 16.08.2005, acquitting the petitioner and to pass such other order as this Honourable Court may deem fit and proper. For Petitioner : Ms.S.Ragaventhree For Respondent : Mr.R.M.Anbunithi, Govt. Advocate (crl. side) O R D E R This Criminal Revision is preferred to call for the records in S.T.C.No.663 of 2005, on the file of the learned Judicial Magistrate No.IV, Madurai, Madurai District, and set aside the order dated 16.08.2005. 2. The petitioner was the first accused in S.T.C.No.663 of 2005, on the file of the learned Judicial Magistrate No.IV, Madurai, Madurai District, wherein two accused, put up for trial stand convicted under judgment dated 16.08.2005 and directed to pay a fine of Rs.200/-, in default, to undergo simple imprisonment for a period of one week. 3. The alleged occurrence was that at about 10.00 p.m. on 14.08.2005, the accused vulgarly abused the people who were moving there in filthy language. The accused were charged for offence under Sections 294(b) of IPC. 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. The petitioner herein, who is now aged about 27 years and who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. 4. Heard Ms.S.Ragavanthree, the 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 her https://hcservices.ecourts.gov.in/hcservices/ 2 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:- "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.289 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. The petitioner has been selected in the examination conducted by the Tamil Nadu Uniformed Service Recruitment Board. It is the admitted fact that no other case has been registered against the petitioner. 7. 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 ( WRITS ) /TRUE COPY/ ASST REGISTRAR srm To:: 1.The Judicial Magistrate No.IV, Madurai, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3CC'S TO MR. K. PRABHU, ADVOCATE, SR: 10003, 9656 DM:2011:FEBRUARY:24::: Crl.RC.(MD).No.129 of 2011 2P:6C: 23.02.2011 https://hcservices.ecourts.gov.in/hcservices/