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2022 Supreme(Mad) 644

M.NIRMAL KUMAR
B. Karthik – Appellant
Versus
State by The Inspector of Police, Nilgiris – Respondent


Advocates Appeared:
For the Petitioner:S. Jeyakumar, Advocate.
For the Respondent:R. Kishore Kumar, Government Advocate (crl.side).

JUDGMENT :

(Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the conviction and sentence passed by the District Judge, Nilgiris, Ootacamund in C.A.No.38 of 2014, dated 10.12.2015, thereby setting aside the conviction and sentence passed in C.C.No.47 of 2012 on the file of the Judicial Magistrate, Coonoor, The Nilgiris, dated 21.11.2014, by allowing this Criminal Revision Petition.)

1. This Revision is filed to set aside the conviction and sentence passed by the learned District Judge, Nilgiris, Ootacamund in C.A.No.38 of 2014, dated 10.12.2015, thereby setting aside the conviction and sentence passed in C.C.No.47 of 2012, on the file of the learned Judicial Magistrate, Coonoor, The Nilgiris, dated 21.11.2014 .

2. The facts of the case is that on 14.02.2012, at about 6.00 p.m., the victim girl Sneka, who returning from School, got into the mini bus, bearing Registration No.TN-43-B-9258. When the bus was proceeding from Coonoor to Sims Park, nearing -Ambal Auto Showroom- a Maruthi Showroom, driven by its driver in a rash and negligent manner, with high speed, suddenly applied the break, due to th

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