High CourtsSingle Bench(2003) 12 MAD CK 0055

Janarthanan vs State

Madras High Court · Decided on 30 December 2003

HON’BLE JUDGES
A.K. Rajan, J
RESULT
Allowed
CASE NUMBER
Criminal Original Petition No. 44633 of 2003

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Judgment

12 paragraphs · 212 words

A.K. Rajan, J.—This Criminal Original Petition has been filed praying to expunge the words "",e;j vjphp kPJ rhl;lg;gl;Ls;s Fw;wr;rhl;Lf;fs;

aht[k; muRj; jug;gpy; re;njfj;jpw;fplkpd;wp epU:gpf;fj; jtwpajhf Kot[ bra;J@ in the order dated 22-08-2002 passed by the Additional District-

cum-Sessions Judge, Fast Track Court No.I, Chennai.

2.

The learned counsel for the petitioner submitted that he has been selected for the post of Police Constable and he has not been given the

appointment order for the reason that he has been acquitted giving the benefit of doubt. He would further submit that there was no material,

whatsoever placed before the trial Court to prove the offence. Therefore, the accused has to be acquitted on the ground that the case was not

proved, instead of giving the benefit of doubt.

3.

Heard Mr.A.N.Thambidurai, the learned Government Advocate on the Criminal Side.

4.

It is seen that all the witnesses turned hostile and there is no material to connect the accused with any of the offences charged. In the

circumstances, the Court should have been acquitted the accused on the ground that the case was not proved. Therefore, the remarks, namely,

that the petitioner was acquitted giving benefit of doubt has to be expunged and the same is done accordingly.

The Criminal Original Petition is allowed.