SURESH BABU Vs. STATE

JUDGEMENT

(1.) THE Revision Petitioner herein is the Accused in C.C. No.290 of 2005 on the file of the Judicial magistrate No.1, Poonamallee and he was convicted by the Trial Court for offences under Sections 279 and 304-A, I.P.C. Aggrieved by the order of the Trial Court, the Revision Petitioner preferred an Appeal before the learned Principal Sessions Judge, Thiruvallur in C.A. No.41 of 2010. THE said Appeal was dismissed on 8.6.2010 as the Accused/Revision Petitioner herain was called absent. Aggrieved by the said order, the Revision Petitioner has preferred this Criminal Revision.

(2.) THE learned Counsel for the Petitioner submits that the Appeal was filed along with an Application for suspension of sentence before the Sessions Judge and the Appeal was called for admission. On 19.5.2010 during the vacation period, the Appeal was admitted and sentence of imprisonment imposed by the Trial Court was also suspended by the (vacation Judge) Fast Track Court, Thiruvallur. THEn the Appeal was posed to the next date i.e. 8.6.2010. And on the said date, the Revision Petition instead of going to the Principal Sessions Judge, Thiruvallur, had gone before the iii Fast Track Court, Thiruvallur and he was standing there expecting that the case will be called. In the mean time, the case has been called before the Principal Sessions Judge and had been dismissed.

(3.) THIS Court considered the submission and perused the records.