Advocates:
['M/S R RAMESH', '', 'A GOUTHAMAN', 'PUBLIC PROSECUTOR']

Crl.R.C..No.697 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.R.C.No.697 of 2021

Karthick @ Dilli Karthick

...

Petitioner

/vs/

The State

Rep.by the Sub Inspector of Police,

V1, Villivakkam Police Station,

Chennai – 49.

(Crime No.442/2010)

...

Respondent

Prayer : Criminal Revision Case has been filed under Sections 397 & 401

of Criminal Procedure Code to set aside the order dated 01.09.2021 made

in Criminal Appeal No.76 of 2013 on the file of IV Additional City Civil

and Sessions Court, Chennai as well as the order dated 07.03.2013 made in

C.C.No.4901 of 2010 on the file of X Metropolitan Magistrate, Egmore,

Chennai – 8 by allowing the present Criminal Revision Petition.

For Petitioner

... Mr.R.Ramesh

For Respondent

... Mr.V.Meganathan

Government Advocate (Crl.side)

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Crl.R.C..No.697 of 2021

JUDGMENT

The Criminal Revision Case has been filed to set aside the order

dated 01.09.2021 made in Criminal Appeal No.76 of 2013 on the file of IV

Additional City Civil and Sessions Court, Chennai as well as the order

dated 07.03.2013 made in C.C.No.4901 of 2010 on the file of X

Metropolitan Magistrate, Egmore, Chennai – 8.

2.The petitioner/first accused was charged and prosecuted under

Sections 379 and 201 IPC by the Sub Inspector of Police, V1, Villivakkam

Police Station, Chennai – 49.

3.The case of the prosecution is that the complainant/PW1

Deenadayalan is working in delivery section as incharge in KUN

Motorcycle Pvt., Ltd., at No.33, 1st Main Road, Kasthuribai Nagar, Adyar,

Chennai. He was entrusted with the possession of his company Santro

Hyundai Car bearing registration No.TN-07-AL-9628 for the purpose of

transporting men and accessories. On 15.05.2010 at about 9.00 p.m., the

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Crl.R.C..No.697 of 2021

complainant Deenadayalan PW1 parked his company car with spare parts

viz., 12 Watt Batteries (21 Nos), 12 Watt 7 AM Batteries (3 Nos), Two

Wheeler Petrol Tank (1 No), Head lite (1 No.), Rear cover (1 No.) and

Mud-cord (1 No.), in the corner of the opposite road to the Provisional

Store and locked it and went to home. The next morning on 16.05.2010 at

about 5.00 a.m., he found the car was missing. Then, he gave the complaint

before the respondent police against the accused persons. After receiving

the complaint, the respondent police has been registered a case in Crime

No.442 of 2010 and after investigation, the respondent police filed a final

report before the X Metropolitan Magistrate Court, Egmore, Chennai for

offences punishable under Sections 379 IPC @ 379, 201 r/w 34 IPC which

was taken on file in C.C.No.4901 of 2010.

4.To prove the case, the prosecution has examined six witnesses,

marked five documents and produced eight material objects.

5.The trial Court, after trial in C.C.No.4901 of 2010, found the

petitioner/A1 Karthick @ Dilli Karthick as well as A2 Logesh @

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Crl.R.C..No.697 of 2021

Loganathan guilty of offences punishable under Sections 379 & 201 IPC

and sentenced them as follows:

“The Accused are convicted for the offence

under Section 379 IPC and sentenced to

undergo Rigorous Imprisonment for 6 months

and convicted for offence under Section 201 IPC

and sentenced to undergo Rigorous

Imprisonment for 2 months and all the

sentences of imprisonment shall run

concurrently.”

Thereafter, both the accused had filed Criminal Appeal in

Crl.A.No.76 of 2013 and the appellate Court found A2 Logesh @

Loganathan was not guilty for the abovesaid offences and acquitted him

from all the charges. In respect of the petitioner/A1, the appellate Court

found guilty for the offences punishable under Sections 379 & 201 IPC

and confirmed the judgment of the trial Court. Agg