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Madras High CourtCRL RC/355/2012disposed of

Sakila @ Saritha v. State Rep By

2019-06-18Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.355 of 2012 Sakila @ Saritha

...Petitioner

Vs.

1. The Inspector of Police, All Women Police Station, Arur, Dharmapuri District.

(Crime No.33 of 2010)

2. Rajasekar

3. Ramakrishnan

4. Josephina Mary

5. Raghu

6. Victoriya

...Respondents

The Criminal Revision filed under Section 397 read with 401 of Code of Criminal Procedure, against the order of acquittal passed by the learned District Munsif cum Judicial Magistrate, Pappireddypatty, in C.C.No.43 of 2011 order dated 31.01.2012. For Petitioner : V.Rajamohan For Respondents : Mr.T.Shanmugarajeswaran - R1 Govt. Advocate (Crl. Side) Mr.G.J.Baskar Narayanan - R2 to R6

O R D E R

This Criminal Revision has been filed against the order passed by the learned District Munsif cum Judicial Magistrate, Pappireddypatty in C.C.No.43 of 2011 order dated 31.01.2012.

2. It is seen that as against the order passed by the learned District Munsif cum Judicial Magistrate, Pappireddypatty, Dharmapuri District, the petitioner approached this Court directly with this revision.

3. As per the amendment dated 31.12.2009 and the full Court judgment of this Court in the case of S.Ganapathy Vs.

N.Senthilvel reported in 2016 (4) CTC 119, the order passed by the District Munsif cum Judicial Magistrate, Pappireddypatty will lie only before the Sessions Court. By passing the Sessions Court, the petitioner has approached this Court by way of this Criminal Revision. Therefore, this Criminal Revision is not maintainable and the same is returned.

4. Registry is directed to send the papers to the Jurisdiction Sessions Court and also return the original impugned order.

5. Both the parties are directed to appear before the jurisdiction Court on 09.07.2019 without fail. The learned District Judge is directed to take the appeal on file if otherwise in order and dispose of the same on merits on or before 31.07.2019 in accordance with law.

7. With the above directions, this Criminal Revision Case is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To

1. The District Munsif cum Judicial Magistrate, Pappireddypatty.

2. The The Inspector of Police, All Women Police Station, Arur, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer, Criminal Section(Records) High Court, Madras.

+1cc to Mr.N.Mohideen Basha, Advocate sr.49758 +1cc to Mr.G.J.Baskar Narayanan, Advocate sr.50087 Crl.R.C.No.355 of 2012 gmr(co) nr 19/06/2019