Kulla Gounder v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.864 of 2012 Kulla Gounder ... Petitioner/Defacto Complainant Vs.

1. The State rep. by Sub Inspector of Police, Sathanur Dam Police Station, Chengam Taluk, Tiruvannamalai District.

..1st Respondent/Complainant Palani (Died)

2. Dhandapani

3. Bharathi

4. Kannadasan

5. Raji

6. Ravichandran

7. Arumugam

8. Ragunathan Ramakrishnan (Died)

9. Gandhi 10.Pandu 11.Muthtazhagan 12.Lakshmi W/o.Krishnamoorthy 13.Pushpa 14.Lakshmi W/o.Ramakrishnan ..Respondents 2 to 4/Accused

Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the order of acquittal dated 21.03.2012 made in C.C.No.97 of 2007 passed by the learned Judicial Magistrate, Chengam, Tiruvannamalai District. For Petitioner : Mr.S.Sounthar For respondents: Mr.T.Shanmugarajeswaran Government Advocate (Crl.Side) For R1 R2 to R14 - Notice not served

O R D E R

This Criminal Revision has been filed to set aside the judgment dated 21.03.2012 made in C.C.No.97 of 2007 passed by the learned Judicial Magistrate, Chengam, Tiruvannamalai District.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the first respondent and also perused the materials on record.

3. This revision has been filed in the year 2012 by the defacto complainant against the acquittal. As per the amendment dated 31.12.2009 in Criminal Procedure Code and the Full Bench judgment of this Court dated 05.04.2016 in the case of S.Ganapathy Vs. N.Senthilvel reported in 2016 (4) CTC 119, the appeal against the acquittal can be filed before the jurisdictional Sessions Court. Therefore, both the parties are directed to appear before the jurisdictional Sessions Court on 26.07.2019.

4. Since it is the revision filed in the year of 2012 and the matter is pending more than seven years, the learned District and Sessions Judge, Tiruvannamalai, is directed to take the appeal on file on the same day, if otherwise in order, and dispose of the appeal in accordance with law on or before 27.08.2019 and report the same before this Court. 5.With the above directions, this Criminal Revision Case stands disposed of.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar

To

1. The Judicial Magistrate, Chengam, Tiruvannamalai District.

2.The District and Sessions Judge, Tiruvannamalai District Tiruvannamalai

3. The Sub Inspector of Police, Sathanur Dam Police Station, Chengam Taluk, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras-104.

Copy to The Section officer Criminal Section(REcords) High Court, Madras 104.

(To send the entire records) Crl.R.C.No.864 of 2012 NR(CO) SP(24/07/2019)