1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD).No.114 of 2011 A.Ramesh .. Petitioner/A-4 vs. The State through The Sub-Inspector of Police Thirupachethi Police Station, Manamadurai Taluk, Sivagangai District. .. Respondent/Complainant Prayer : Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for the records pertaining to S.T.C.No.1309 of 2009 dated 26.11.2010 on the file of the Additional District Munsif-cum-Judicial Magistrate, Manamadurai, Sivagangai District and set aside the same and further acquit the petitioner on honourable acquittal instead of acquittal on benefit of doubt. For Petitioner : Mr.A.Rahul 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 pertaining to S.T.C.No.1309 of 2009 dated 26.11.2010 on the file of the Additional District Munsif-cum-Judicial Magistrate, Manamadurai, Sivagangai District and set aside the same and further acquit the petitioner on honourable acquittal instead of acquittal on benefit of doubt. 2. The petitioner was the fourth accused in S.T.C.No.1309 of 2009, on the file of the learned Additional District Munsif-cum-Judicial Magistrate, Manamadurai, Sivagangai District, wherein seven accused put up for trial stand acquitted under judgment dated 26.11.2010. All the accused were given the benefit of doubt. 3. The alleged occurrence was taken place on 14.02.2009 at about 04.50 p.m. at the funeral procession of the relative of one Machakalai, due to a scuffle wherein the petitioner herein and six others assaulted the said Machakalai and one Venkai. As a result of which, the accused were charged for offence under Sections 147, 294(b), 323 and 506(i) of IPC. On appreciation of the material before it, the lower Court has afforded the accused the benefit of doubt. The petitioner herein, who is now aged about 24 years and who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Heard Mr.A.Rahul, 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 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. The petitioner was 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 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/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Additional District Munsif-cum-Judicial Magistrate, Manamadurai, Sivagangai District. 2. The Sub-Inspector of Police Thirupachethi Police Station, Manamadurai Taluk, Sivagangai District. 3. The Additional Public Prosector, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.A.Rahul, Advocate, SR No.9133 Crl.RC.(MD).No.114 of 2011 18.02.2011 srm RJ/18.2.11 (IT) 3p/5c https://hcservices.ecourts.gov.in/hcservices/