CRL RC/369/2022 of M.ARIVAZHAGAN Vs STATE REP BY on 28 September 2026

ORDER

This Criminal Revision Case has been filed challenging the Judgment dated 11.12.2018 passed by the learned XVII Additional Judge, City Civil Court, Chennai, in C.A.No.26 of 2018, whereby the learned Appellate Court confirmed the conviction and sentence imposed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.8581 of 2017, by Judgment dated 21.12.2017, finding the Petitioner guilty of the offences under Sections 294(b), 336, 392 and 506(ii) of IPC.

2. Though the Appellate Court confirmed the conviction, it reduced the sentence imposed on the Petitioner for the offences under Sections 392 and 506(ii) of IPC to one year of rigorous imprisonment.

3. The case of the prosecution is that on 16.11.2017, at about 9.30 a.m., near Velachery Vijay Nagar Bus Stand, the Petitioner wrongfully restrained the Defacto Complainant, abused him in filthy language, threatened him at knife-point and robbed him of a mobile

CRL.RC.No.369 of 2022 phone and a sum of Rs.8,500/-. It is the further case of the prosecution that the Petitioner thereby committed the aforesaid offences.

4. In order to establish the case, the prosecution examined nine witnesses and marked Ex.P1 to Ex.P8. Upon appreciation of the evidence on record, the Trial Court found the Petitioner guilty of the aforesaid offences.

5. As stated earlier, the Appellate Court confirmed the conviction but reduced the sentence imposed on the Petitioner.

6. This Court has carefully perused the Judgments of the Courts below. It is seen that PW1 had identified the Petitioner and his evidence has not been discredited in any material manner during cross- examination.

7. The prosecution has established that, after threatening PW1, the Petitioner shattered cool drinks bottles on the road, thereby causing damage. Thereafter, PW1 lodged a complaint and proceeded to the Police Station accompanied by PW2 to PW4.

CRL.RC.No.369 of 2022

8. Though certain minor discrepancies have been elicited in the evidence of the prosecution witnesses, this Court finds that they are not material and do not affect the core of the prosecution case. Nothing substantial has been elicited in the cross-examination so as to discredit the testimony of the prosecution witnesses.

9. The concurrent findings of fact recorded by the Courts below, based on the evidence adduced before them, cannot be said to be perverse or contrary to the evidence on record. Therefore, no interference with the conviction is warranted in exercise of the revisional jurisdiction of this Court.

10. However, having regard to the age of the Petitioner and the facts and circumstances of the case, this Court is of the view that the sentence imposed on the Petitioner for the offences under Sections 392 and 506(ii) of IPC may be reduced. Accordingly, the sentence imposed for the said offences is reduced to nine months simple imprisonment.

11. The fine amount imposed for the aforesaid offences and the sentence imposed for the other offences are confirmed.

CRL.RC.No.369 of 2022

12. In the result, this Criminal Revision Case is partly allowed. Connected Criminal Miscellaneous Petitions are closed. 03.09.2026

Neutral citation : Yes / No arb To:

1. The XVII Additional City Civil Court, Chennai.

2. The XVIII Metropolitan Magistrate's Court, Saidapet, Chennai.

3. The Sub Inspector of Police, J-7, Velachery Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai-600 104.

CRL.RC.No.369 of 2022 SUNDER MOHAN, J. arb CRL.RC.No.369 of 2022 and Crl.M.P.Nos.3790 and 3792 of 2022

03.09.2026

CRL.RC.No.369 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL RC No. 369 of 2022 & CRL MP Nos. 3790 & 3792 of 2022 CNR: {HCMA011420862019} M.Arivazhagan ..Petitioner(s) Vs The State Rep. by The Sub Inspector of Police, J7, Velachery Police Station, Chennai. (Crime No.2057 of 2017) ..Respondent(s) Prayer: Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the Judgment dated 11.12.2018 passed in CA.No.26 of 2018 on the file of the XVII Additional City City Court, Chennai, modifying the Judgment dated 21.12.2017 in CC.No.8581 of 2017 on the file of the learned XVIII Metropolitan Magistrate, Saidapet. For Petitioner(s): Mr.M.Prem Kumar For Respondent(s): Mr.A.Amarnath, Additional Public Prosecutor

ORDER

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

CRL.RC.No.369 of 2022

2. The learned counsel appearing for the petitioner submitted that in paragraph no.11 of the order dated 03.09.2026, the following sentence has to be added; “The period of imprisonment already undergone by the petitioner shall be set off”

3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue order copy afresh forthwith, by making necessary corrections in the order dated 03.09.2026 made in Crl.RC.No.369 of 2022. 28-09-2026 TSG To

1. The XVII Additional City Civil Court, Chennai.

2. The XVIII Metropolitan Magistrate’s Court, Saidapet, Chennai.

3. The Sub Inspector of Police, J-7, Velachery Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai – 600 104.

CRL.RC.No.369 of 2022 SUNDER MOHAN, J. TSG CRL RC No. 369 of 2022 28-09-2026