MASI Vs. STATE

JUDGEMENT

(1.) The petition is filed seeking a direction to set aside the unnumbered Crl. M.P. Dated 30.7.2010 and to direct the learned Principal District and Sessions Judge, Chengalpattu, Kancheepuram District to suspend the conviction imposed on the Petitioner by the learned Judicial Magistrate No. I, Chengalpattu, Kancheepuram District made in CC No. 21/2004 by judgment dated 21.5.2010 till the disposal of the appeal filed in CA No. 35/2010 on the file of the learned Principal District and Sessions Judge, Chengalpattu.

(2.) The Petitioner herein was convicted for the offence punishable under Section 498(A) IPC by the learned Judicial Magistrate No. I, Chengalpattu and sentenced to undergo two years rigourous imprisonment and fine of Rs. 500/-with default clause. The Petitioner has preferred an appeal in CA No. 35 of 2010 before the learned Principal District and Sessions Judge, Chengalpattu. He filed an application to suspend the sentence in Crl. M.P. No. 1785 of 2010 and the same was ordered on 28.5.2010. He had also filed an application to suspend the conviction. The learned Sessions Judge returned the application with an endorsement "already sentence suspended till the disposal of the appeal". Therefore, the Petitioner has approached this Court under Section 482 of Criminal Procedure Code. The relief claimed in this appeal to set aside the docket order passed in the unnumbered Crl. M.P dated 30.7.2010.

(3.) Mr. T.R. Ravi, the learned Counsel for the Petitioner submitted that the Petitioner is working as Sepoy in the Custom Department of Chennai and he was issued with a Show Cause Notice dated 20.7.2010 wherein he was called to make representations that why he should not be removed from service under the Central Civil Services Rules 1965. The learned Counsel pointed out if the conviction is not set aside, the Petitioner would face the consequence of removal from service. The learned Counsel further submitted that the Petitioner has a fair chance of getting an acquittal in the appeal.