1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.02.2011 QUORAM: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD).No.125 of 2011 M.Manoharan .. Petitioner/A-6 vs. State Represented by:: Sub-Inspector of Police, Kariyapatti Police Station, Virudhunagar District. .. Respondent/Complainant CRIME No. 247 of 2009. 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 finding of benefit of doubt pronounced in the judgment in C.C.No.81 of 2010 dated 01.10.2010 by Judicial Magistrate No.II, Virudhunagar, Virudhunagar District as honourable acquittal. For Petitioner : Mr.K.Prabhu for M/S. KATHIRVELU ASSOCIATES 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 from the lower Court and to duly set aside the finding of benefit of doubt pronounced in the judgment in C.C.No.81 of 2010 dated 01.10.2010 by Judicial Magistrate No.II, Virudhunagar, Virudhunagar District as honourable acquittal. 2. The petitioner was the sixth accused in C.C.No.81 of 2010, on the file of the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District, wherein six accused put up for trial stand acquitted under judgment dated 01.10.2010. All the accused were given the benefit of doubt. 3. The alleged occurrence was that on 17.07.2009 at about 09.00 a.m. at Pappanam, Manganpatti, this petitioner and five others have formed themselves into an unlawful assembly and caused damage to the tiles of P.W.2 worth about Rs.50/- and further the accused Nos.1 and 2 have attacked the P.Ws 1 and 2. The accused were charged for offence under Sections 147 r/w. 148, 323, 324, 427 r/w. 149 of IPC. On appreciation of the materials before it, the lower Court has afforded the accused the benefit of doubt. The petitioner herein, who is now aged about 23 years and who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. 4. Heard Mr.K.Prabhu, 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 the petitioner has been selected for Armed Reserve Police. He further states https://hcservices.ecourts.gov.in/hcservices/ 2 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:- "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. Following the said Order of this Court, the present Criminal Revision Petition is allowed and the finding of the Lower Court that the petitioner is acquitted on the benefit of doubt is modified to the effect that the petitioner shall stand acquitted honourably. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR srm To 1. The Judicial Magistrate No.II, Virudhunagar, Virudhunagar District 2. The Sub Inspector of Police,Kariyapatti Police Station, Virudhunagar Dist. 3. The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai 1CC TO MS. KATHIRVELU ASSOCIATES, SR: 9131; DM:2011:FEBRUARY:18::: Crl.RC.(MD).No.125 of 2011 2P:5C: 18.02.2011 https://hcservices.ecourts.gov.in/hcservices/