JAYAVARTHANAN AND ORS. Vs. THE STATION HOUSE OFFICER

JUDGEMENT

(1.) THESE revisions are preferred by accused Nos. 2 and 3 in C.C. No. 46 of 2009 on the file of the Judicial Magistrate No. II, Panruti. They are aggrieved by the order passed in C.C. No. 46 of 2009 on 02.11.2009 granting acquittal granting benefit of doubt, instead of honourable acquittal and hence, they preferred these revisions. There is a delay of 1915 days in filing the above revisions and hence, seeking to condone the delay Miscellaneous Petitions are filed.

(2.) MR . Kovi Ramalingam, learned counsel appearing for the petitioners would submit that the petitioners are acquitted in the case in C.C. No. 46 of 2009 by giving the benefit of doubt and since, they were not given honourable acquittal, they preferred the above revisions. The only ground, which is stated for the delay is earlier the petitioner in Crl.R.C.(SR) No. 19814 of 2015 viz., Jayavarthanan filed a Writ Petition in W.P. No. 3282 of 2011 before this Court, which is a wrong forum, therefore, the delay could be condoned. He would further submit that since the petitioners were acquitted giving benefit of doubt, it will carry a stigma on the petitioners and would disqualify them from seeking public employment and Government jobs, particularly uniformed service.

(3.) ON a perusal of the entire materials available on record, it is seen that on 12.01.2006, at about 7.00 a.m. it is alleged that the petitioners along with others assaulted the defacto complainant with hands and legs and thereby caused simple hurt and scolded her with filthy language and hence, a case in Cr.No. 11 of 2006 was registered against the petitioners and others. After investigation, the charge sheet was laid against the accused under Sections 294, 323, 324 IPC. The case was taken on file in C.C. No. 46 of 2009. After trial, the Trial Court found the accused not guilty for the aforesaid offences and acquitted giving benefit of doubt. After acquittal, the petitioner in Crl.R.C.(SR) No. 19814 of 2015 viz., Jayavarthanan filed the first writ petition in W.P. No. 3282 of 2011, wherein, the prayer is as follows: -