Madras High CourtCRL A/206/2012transfer cases

Visalakshi @ Papathi v. S.Nagaraj, Aged 54 Years

2019-03-18Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 18.03.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Criminal Appeal No.206 of 2012 Visalakshi @ Papathi : Appellant Vs

1. S. Nagaraj

2. Sagunthala

3. Nachimuthu Gounder

4. Thulasiammal

5. Jeeva @ Jeevanandam

6. Savithri

7. Subramaniam : Respondents Prayer: Criminal Appeal is filed under Section 378 of the code of Criminal Procedure to set aside the Judgment made in CC No.61 of 2009 dated 11.10.2011 by the Judicial Magistrate, Sathyamangalam.

For Appellant : Ms. V.S. Usha Rani, Ms. G. Preety For Respondents : M/s. I.C. Vasudevan Ms.R. Nirmala

J U D G M E N T

Today, when this Criminal appeal is taken up for hearing, the records perused and on perusal of the same, it indicates that the Criminal Appeal against the order of acquittal passed by the Judicial Magistrate, Sathyamangalam in CC No.61 of 2009 dated 11.10.2001, ought to have been filed before the Sessions Court at Erode, which is the Appellate Forum. As per the proviso of Section 372 of Cr.P.C, the said issue regarding the jurisdiction has been settled by this Court in the batch of petitions filed before this Court vide order dated 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/

following the Full Bench Judgment in Ganapathy Vs. Senthilvel reported in 2016 (4) CTC 199.

2. Accordingly, the Appeal papers are transferred to the Principal District and Sessions Court, Erode. The learned Principal District and Sessions Judge shall either dispose of the appeal or make over the same to the Additional Sessions Court for disposal in accordance with law after due notice to the parties.

3. Registry is directed to send back the records to the Principal District and Sessions Court, Erode forthwith alongwith the appeal papers.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar vrn To

1. The Principal District and Sessions Judge, Erode

2. The Judicial Magistrate, Sathyamangalam.

3. The Public Prosecutor High Court Madras

4. The Section Officer, VR Section, High Court,Madras.

Criminal Appeal No.206 of 2012 CSL/27.04.2019 https://hcservices.ecourts.gov.in/hcservices/