Madras High CourtCRL RC/447/2013disposed of

S.Kannan v. Kannan

2019-08-19Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.447 of 2013 S.Kannan

...Petitioner

Vs.

1. Kannan

2. Panneerselvam

3. Krishnan

4. The State Rep. By its Inspector of Police, M-3, Puzhal Police Station, Chennai.

...Respondents

The Criminal Revision is filed under Section 397 read with 401 of Code of Criminal Procedure, to revise the judgment passed by the learned Judicial Magistrate, Thiruvottiyur in C.C.No.200 of 2008 dated 08.07.2011. For Petitioner : Petitioner name printed- No appearance For Respondents: Mr.E.V.Thulasi - R1 to R3 - No appearance Mr.T.Shanmugarajeswaran - R4 Govt. Advocate (Crl. Side)

O R D E R

This revision has been filed to revise the judgment passed by the learned Judicial Magistrate, Thiruvottiyur in C.C.No.200 of 2008 dated 08.07.2011.

2. It is seen that as against the judgment in C.C.No.200 of 2008, dated 08.07.2011, passed by the learned Judicial Magistrate, Thiruvottiyur, the petitioner /defacto complainant has approached this Court directly with this revision.

3. As per the amendment of the Code of Criminal Procedure, dated 31.12.2009 and the judgment of full Bench of this Court in the case of S.Ganapathy Vs. N.Senthilvel reported in 2016 (4) CTC 119, as against the judgment passed by the learned Judicial Magistrate, Thiruvottiyur in C.C.No.200 of 2008 dated 08.07.2011, an appeal will lie https://hcservices.ecourts.gov.in/hcservices/

only before the Court of Sessions. By passing the Sessions Court, the petitioner has approached this Court by way of this revision. Therefore, this Criminal Revision Case filed before this Court is not maintainable.

4. Registry is directed to send the entire original papers to the Jurisdictional Sessions Court and also return the original copy of the impugned judgment.

5. Both the parties are directed to appear before the learned Principal Sessions Judge, Chennai on 30.08.2019 without fail. The learned Sessions Judge is directed to take the appeal on file if otherwise in order and dispose of the same on merits on or before 20.09.2019 in accordance with law and report the same before this Court within the time stipulated.

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

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rli To

1. The Judicial Magistrate, Thiruvottiyur.

2. The Inspector of Police, M-3, Puzhal Police Station, Chennai.

3. The Principal Sessions Judge,Chennai 4.The Public Prosecutor, High Court, Madras.

Copy to The Section Officer, criminal Section, High Court,Madras Crl.RC.No.447 of 2013 A.SK(19/08/2019) https://hcservices.ecourts.gov.in/hcservices/