1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE C.T.SELVAM Crl.R.C.(MD)No.77 of 2011 Alagumoorthi .. Petitioner/Accused No.2 Vs. The State through :: The Inspector of Police, Kamudhi Police Station, Ramanathapuram District. (In Crime NO.89 of 2008) .. Respondent/Complainant Prayer : Criminal revision Petition filed under Section 397 r/w 401 and 482 Cr.P.C., to call for the records in S.T.C.No.592 of 2008 on the file of the Learned District Munsif Cum Judicial Magistrate, Kamudhi dated 10.01.2009, and expunge the remark of acquittal of benefit of doubt as Honorary acquittal for the petitioner. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.R.M.Anbunithi, Govt Advocate, (Crl Side) O R D E R This revision is filed against the order of the District Munsif Cum Judicial Magistrate, Kamudhi in S.T.C.No.592 of 2008 by an order dated 10.01.2009. 2. The petitioner along with two others stood trial in S.T.C.No.592/2008 on the file of the District Munsif cum Judicial Magistrate, Kamudhi. The case against the petitioner and one other was of offence under Sections 341 and 323 IPC while that against the third accused was under Section 506(i) IPC. 3. On conclusion of trial, it was found that there was no evidence and accordingly the accused persons were granted the benefit of doubt. The petitioner has preferred this revision towards altering the nature of acquittal from one of benefit of doubt to an honourable acquittal. 4. Learned counsel for the petitioner impresses upon this Court that the petitioner is aged about 23 years and that the petitioner has twice applied for selection as a police constable, but he was not considered owing to the judgment complained of and seeks relief so as to ward of any further adverse consequences. 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.269 of 2008, dated 28.02.2008], wherein in a similar case, the learned Single Judge of this Court, after referring to various https://hcservices.ecourts.gov.in/hcservices/ 2 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." 5. Heard learned Government Advocate (criminal side) on the above submissions. 6. Following the above 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 vsm To 1.The Inspector of Police, Kamudhi Police Station, Ramanathapuram District. 2.The District Munsif Cum Judicial Magistrate,Kamudhi. 3.Do Thro' The Chief Judicial Magistrate, Ramanathapuram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. R. VENKATESAN, ADVOCATE, SR: 4270: DM:2011:FEBRUARY:28::: Crl.R.C.(MD)No.77 of 2011 03.02.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/