1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD) No.489 of 2011 P.Kumaran ... Revision Petitioner/Accused No.1 Vs. The State through the Special Sub-Inspector of Police, Utthappanayakanur Police Station, Usilampatti Taluk. (In Crime No.132 of 2006) ... Respondent/Complainant Prayer: Criminal Revision Case is filed under Sections 397 read with 401 and 482 of the Criminal Procedure Code, praying to call for the records relating to the order dated 10.09.2007 passed in C.C.No.16 of 2007 on the file of the Court of Judicial Magistrate No.2, Usilampattai and expunge the remark of acquittal and hold it as Honourary Acquittal. For petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.P.Kandasamy Government Advocate (Criminal side) O R D E R By consent, the Criminal Revision Case itself is taken up for final disposal. 2. The learned counsel appearing for the revision petitioner/A1 would submit that he was arrayed as accused No.1 in C.C.No.16 of 2007 on the file of the Court of Judicial Magistrate No.2, Usilampattai for the alleged commission of the offences under Sections 341 and 323 of the Indian Penal Code. The case after investigation, culminated into positive final report, which was taken on file in the above calender case. Pending disposal of the trial, the injured witnesses as well as accused No.1 compromised the matter and filed a petition to compound the offences. The lower Court after hearing the learned counsel appearing for the accused and the learned Assistant Public Prosecutor, has compounded the offences under Section 320 (2) of Cr.P.C. and acquitted the accused. 3. The learned counsel appearing for the revision petitioner/A1 would submit that he has applied for selection to the post of Grade II Police Constable conducted by the Tamilnadu Uniformed Services Recruitment Board and according to him, he has successfully passed the written examination as well as physical test and subsequently was directed to appear on 03.12.2010 with relevant documents and also to give his fingerprint at District Armed Forces ground at 7.00 A.M. and he has also attended the same and thereafter, he did not receive any communication with regard to that. The learned counsel appearing for the petitioner would further submit that the petitioner on enquiry, came to know that since he was involved in the above said criminal case, his candidature has not been considered. Therefore, the learned counsel appearing for the revision petitioner would submit that the petitioner was not selected under the impression that he was acquitted awarding benefit of doubt and hence, prays for appropriate orders. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The Court heard the submissions of the learned Government Advocate (Criminal side) also. 5. A perusal of the order dated 10.09.2007 made in C.C.No.16 of 2007 on the file of the Court of Judicial Magistrate No.2, Usilampatti would disclose that compounding petition was filed under Section 320(2) Cr.P.C. on 10.09.2007 and it was accepted by the trial Court and all the accused including the revision petitioner, who is arrayed as A1 were acquitted. As per Sub-Section 8 of Section 320 Cr.P.C., the composition of offence under the Section shall have the acquittal of the accused. Therefore, the compounding of offence is having the effect of acquittal. Therefore, it should be treated as a honourable acquittal. 6. In the result, the Criminal Revision Case is disposed of by holding that in terms of Section 320(8) of Cr.P.C., the revision petitioner/A1 has been acquitted honourably. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(C.S) To: 1.The Judicial Magistrate No.2, Usilampatti. 2.The Chief Judicial Magistrate, Madurai 3.The Special Sub Inspector of Police, Utthappanayakanur Police Station, Usilampatti Taluk. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to Mr.T.Lajapathi Roy, Advocate, SR.No. 21435 sj Crl.R.C.(MD) No.489 of 2011 01.07.2011 TR : 14.07.2011 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/