Madras High CourtCRL RC/1224/2013disposed of

R.Selvaraj v. The Inspector Of Police

2019-07-17Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.No.1224 of 2013 R.Selvaraj

...Petitioner/Defacto Complainant

Vs.

1. State represented by, The Inspector of Police, Gramiya Police Station, Ambur, Vellore District. ...1st Respondent/Complainant

2. Yesudas

3. Santharaj

...Respondents 2 & 3/Accused 1 & 3

Prayer:

This Criminal Revision filed under Sections 397 and 401 of Code of Criminal Procedure to set aside the order of acquittal dated 13.06.2012 in C.C.No.35 of 2010 on the file of the learned Additional District Munsif-cum-Judicial Magistrate, Ambur.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.T.Shanmugarajeswaran Govt. Advocate (Crl.Side) for R1 Notice Served No Appearance for R2 & R3

ORDER

The criminal revision has been filed against the order of acquittal dated 13.06.2012 in C.C.No.35 of 2010 by the learned Additional District Munsif-cum-Judicial Magistrate, Ambur. Defacto complainant has preferred the present criminal revision against the order of acquittal. In view of the amendment dated 31.12.2009 and also the decision rendered by the Full Bench of this Court reported in 2016 (4) CTC 119 (S.Ganapathy vs. N.Senthilvel) appeal only lies, before the Court of Sessions, against the order of acquittal impugned in this revision.

https://hcservices.ecourts.gov.in/hcservices/

It is seen that the revision itself was filed in the year 2013 i.e. after the amendment. Hence Registry is directed to send entire papers to the learned Principal District and Sessions Judge, Vellore, along with original impugned order immediately. Both the parties are directed to appear before the jurisdictional Sessions Court on 29.07.2019. Since the revision is pending before this Court from the year 2013, the learned Principal District and Sessions Judge, Vellore, after receiving the papers and completing procedural formalities, is directed to dispose of the appeal on or before 29.08.2019 in accordance with law and send a report on the same to this Court. With the above directions, the criminal revision case is disposed of.

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

1. The Principal District and Sessions Judge, Vellore.

2. The Additional District Munsif-cum-Judicial Magistrate, Ambur.

3. The Inspector of Police, Gramiya Police Station, Ambur, Vellore District.

4. The Additional Public Prosecutor, High Court of Madras.

Copy To:

To Section Officer, Criminal Section, High Court, Madras.

(Original Impugned order immediately) +1cc to Mr.K.Selvaraj, Advocate, S.R.No.61150 Crl.R.C.No.1224 of 2013 NR(CO) RRS(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/