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.117 of 2011 (*)K.Rengaraj .. Petitioner/A-2 Vs. The Inspector of Police Uppiliyapuram, Thuraiyur Taluk, Trichy District. .. Respondent/Complainant Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to admit the revision, set aside the order dated 24.12.2010 made in C.C.No.26 of 2009 on the file of the learned Judicial Magistrate, Thuraiyur by Expunging the remarks of the benefit of doubt and to modify the order as that of an Hon'ble acquittal. For Petitioner : Mr.B.Pugalendhi For Respondent : Mr.R.M.Anbunithi,Govt. Advocate (crl. side) ORDER This Criminal Revision is preferred to set aside the order dated 24.12.2010 made in C.C.No.26 of 2009 on the file of the learned Judicial Magistrate, Thuraiyur and expunge the remark of acquittal on benefit of doubt and term it as Honorary Acquittal for the petitioner. 2. The petitioner was the second accused in C.C.No.26 of 2009, on the file of the learned Judicial Magistrate, Thuraiyur, wherein three accused put up for trial stand acquitted under judgment dated 24.12.2010. All the accused were given the benefit of doubt. 3. The alleged occurrence was that on 17.01.2008 at about 09.00 p.m. the petitioner herein and two others assaulted one Chandran and vulgarly abused him. The accused were charged for offence under Sections 294(b) and 323 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 25 years and who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. 4. Heard Mr.B.Pugalenthi, 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 as a Constable in the Tamil Nadu Police Sub-Ordinate Service and the training for their batch commenced on 31.01.2011. 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) (*)Amended as per Order of this Court dated 01.03.2011 made in MP(MD) 1 in Crl.RC 117 of 2011 /True Copy/ Assistant Registrar (*) To be substituted for the orders already despatched on 18.02.2011 1.The Judicial Magistrate, Thuraiyur. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, Uppiliyapuram, Thuraiyur Taluk, Trichy District. +1cc to Mr.B.Pugalendhi, Advocate SR.No.10547 akm Crl.RC.(MD).No.117 of 2011 18.02.2011 PAM/02.03.2011/5c/2p https://hcservices.ecourts.gov.in/hcservices/