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CDJ 2026 MHC 2607 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : CRL OP(MD). No. 7037 of 2026
Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
Parties : Sanjeevalakshmi Versus The State of Tamil Nadu, Rep. by the Sub Inspector of Police, District Crime Branch, Virudhunagar
Appearing Advocates : For the Petitioner: K. Althaf Sheriff for M/s. Ajmal Associates, Advocates. For the Respondent: R. Meenakshi Sundaram, Additional Public Prosecutor.
Date of Judgment : 08-04-2026
Head Note :-
BNSS - Section 528 -

Cases Referreds:
Lilaben Versus State of Gujarat & Another - (CDJ 2025 SC 674)
Afjal Ansari Versus State of UP - (CDJ 2023 SC 1157)
William Stephen Versus The State of Tamil Nadu & Another - (CDJ 2024 SC 187)
Judgment :-

(Prayer: Criminal Original petition filed under Section 528 of BNSS, to call for the records relating to the Impugned docket order made in unnumbered Crl.M.P. in Crl.A.No.160 of 2025 on the file of Additional District and Sessions Court, Virudhunagar and set aside the same and direct the learned Additional District and Sessions Court, Virudhunagar to number the said Crl.M.P. And dispose the same and pass such further or other orders.)

1. The present petition has been filed by the accused/appellant in Crl.A.No.160 of 2025 on the file of the Additional District and Sessions Court, Virudhunagar, seeking to set aside the docket order in the Criminal Miscellaneous Petition, whereby the application filed by the petitioner seeking stay of her conviction was rejected without even being numbered.

2. The petitioner suffered an order of conviction in C.C.No.14 of 2011 on the file of the learned Judicial Magistrate No.II, Virudhunagar. Challenging the same, the petitioner preferred an appeal in Crl.A.No.160 of 2025 before the Additional Sessions Judge, Virudhunagar. The petitioner filed Crl.M.P.No.35808 of 2025 seeking suspension of sentence, and the same was allowed on 01.11.2025. Thereafter, the petitioner filed the present application seeking to stay the conviction. The said application was rejected by way of a docket order without numbering it. Challenging the same, the present petition has been filed.

3. According to the learned Counsel for the petitioner, in view of the judgments of the Hon'ble Supreme Court reported in CDJ 2025 SC 674, CDJ 2023 SC 1157, and CDJ 2024 SC 187, an application seeking stay of conviction is maintainable. Therefore, he prays that the application may be numbered and decided on merits by the learned First Appellate Court.

4. Considering the above said facts, the docket order in the unnumbered Crl.M.P.No. of 2025 in Crl.A.No.160 of 2025 stands set aside, and the learned Additional District and Sessions Judge, Virudhunagar, is directed to number the said application and dispose of the same on merits and in accordance with law.

5. With the said observations, this Criminal Original Petition stands allowed.
 
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