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.180 of 2011 1.R.Subramani 2.Palanichamy 3.G.Subramanian 4.Chinnayan 5.Ambikavathi 6.C.Balasubramani 7.M.Muthusamy 8.M.Varatharajan 9.R.Muthusamy 10.Ali Mohammed 11.Lakshmanan 12.Joseph 13.Kaliappan 14.S.Veerasamy 15.Kamalakannan 16.M.Periasamy 17.Jurakdeen 18.K.Ganesan 19.K.Rajasekar 20.Muthusamy 21.C.Palanichamy 22.K.Shanmugavel 23.P.Murugaraj 24.P.Dhandapani 25.P.Natarajan .. Petitioners vs. The State rep. by The Sub Inspector of Police, Vedachandur Police Station, Dindigul District. (Crime No.47 of 2011) .. Respondent 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.114 of 2011 dated 05.02.2011 on the file of Judicial Magistrate, Vedachandur and acquit the petitioners 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 judgment passed in S.T.C.No.114 of 2011 dated 05.02.2011 on the file of the learned Judicial Magistrate, Vedachandur and acquit the petitioners Honourably. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioners were the accused in S.T.C.No.114 of 2011, on the file of the learned Judicial Magistrate, Vedachandur, wherein the accused, put up for trial stand convicted under judgment dated 05.02.2011 and directed to pay a fine of Rs.100/- each in default, to undergo simple imprisonment for a period of one week each. 3. The petitioners/accused are alleged to have used their property for gambling purpose. The petitioner/accused were charged of offence under Sections 8 and 9 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 petitioners/accused. 4. Heard Mr.J.Ashok, learned counsel appearing for the petitioners as well as Mr.R.M.Anbunithi, the learned Government Advocate (criminal side) appearing for the respondent. 5. The learned counsel for the petitioners states that unless the acquittal of the petitioners is an honourable one, the petitioners' future prospects in life would be severely impaired. 6. This Court accepts the submission that conviction of these petitioners on their pleading guilty without affording them any time for reflection and on the very date of their production before the Court renders the judgment of the Lower Court bad in law. The same constitutes an impropriety and renders irregular the proceedings of the lower Court. 7. For the said reasons, the judgment of the Judicial Magistrate, Vedachandur in S.T.C.No.114 of 2011 dated 05.02.2011 shall stand set aside and the petitioners shall stand Honourably acquitted of the charges against them. sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1. The Judicial Magistrate, Vedachandur 2. -Do- thro' The Chief Judicial Magistrate, Dindigul. 3. The Sub Inspector of Police, Vedachandur Police Station, Dindigul District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.M/s.Jeyapaul Associates, SR No.11142 Crl.RC.(MD).No.180 of 2011 03.03.2011 vsm/avr RJ/5.4.11 (IT) 2p/6c https://hcservices.ecourts.gov.in/hcservices/