Madras High CourtCRL A/757/2013transfer cases

Ramasamy v. State Rep By

2019-03-26Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:26.03.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Criminal Appeal No.757 of 2013 Ramasamy .. Appellant/Victim /versus/ 1.State represented by Inspector of Police, Omalur Police Station, Crime No.1950/1998.

2.Kittu 3.Ganesh 4.Murugan 5.Chindan@ Palanisamy 6.Govindasamy 7.Ramamurthy 8.Vijayakumar .. Respondents/Accused Criminal Appeal filed under Section 372 of the Criminal Procedure Code against the order in C.C.No.90 of 1999 on the file of the Judicial Magistrate and District Munsif Court, Omallur, dated 08.05.2012.

For Appellant :Mr.G.Surya Narayanan For Respondents:Mrs.Kritika Kamal,P. GA for R1 Mr.D.Shivakumaran for R2 to R8

J U D G M E N T

Heard the learned counsel appearing for the appellant and learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel appearing for the respondents 2 to 8. Records perused.

2. This appeal is preferred under Section 372 of the Criminal Procedure Code against the order of acquittal passed by the District Munsif-cum-Judicial Magistrate, Omalur in C.C.No.90 of 1999 dated 08.05.2012.

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3. In view of Proviso to Section 372 of the Criminal Procedure Code, this appeal against the order of acquittal passed by the Judicial Magistrate will lie before the Sessions Court.

4. Hence, Registry is directed to return all the records to the Principal District and Sessions Judge, Salem. On receipt of the records, the learned Principal District and Sessions Judge shall take the case on file and dispose of the same, on merits and in accordance with law, after due notice to the parties. Accordingly, this Criminal Appeal is disposed of. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ari To 1.The Principal District Court, Salem.

2.The Judicial Magistrate and District Munsif Court, Omallur.

3.Inspector of Police, Omalur Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

5.The Section Officer, Criminal Section, High Court, Madras.

(Registry is directed to return all the records to the Principal District and Sessions Judge, Salem) +1cc to Mr.D.Shivakumaran, Advocate Sr.28697 Crl.A.No. 757 of 2013 vba[co] srg 3/5/2019 https://hcservices.ecourts.gov.in/hcservices/