Vimala Roseline v. D.Lalitha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Vimala Roseline ... Petitioner
Versus
D.Lalitha ... Respondent Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside and revise the Judgment passed 03.01.2020 in C.A.No.157 of 2018, on the file of the Learned II-Additional District and Sessions Judge, Thiruvallur at Poonamalee, filed in C.C.No.272 of 2016, on the file of the learned Judicial Magistrate, Fast Track Court, (Magistrate Level) at Ambattur.
For Petitioner :
Mr.K.Dakshinamoorthy For Respondent :
No Appearance
O R D E R
This case is covered by the Full Bench Judgment of this Court in K.Rajalingam Vs. Suganthalakshmi1. In view thereof, on 08.08.2022, this Court passed an order directing the respondent/complainant to file transpose application. In this case, as on today no application for transpose has been 2020 SCC Online MAD 1052 1/4
filed on behalf of the respondent/complainant. Earlier itself, this Court had indicated that if no transpose application is filed, the revision will be closed with liberty to the respondent/complainant to file a fresh appeal against the acquittal.
2.In view thereof, the Judgment of the Learned II-Additional District and Sessions Judge, Thiruvallur at Poonamalee, dated 03.01.2020 in C.A.No.157 of 2018, has to be treated as "non est" in the law, accordingly, the Criminal Revision Case is ordered to be closed. 3.However, it will be open to the respondent/complainant to file an appeal against the acquittal. If and when such appeal against acquittal is filed, the time spent, for the appeal before the II-Additional District and Sessions Court, Thiruvallur at Poonamalee, and also for the Revision before this Court, shall be excluded for the purpose of computation of limitation. 23.08.2022 Index : yes/no Speaking/Non-speaking order klt 2/4
To 1.The II-Additional District & Sessions Court, Thiruvallur, Poonamalee. 2.The Judicial Magistrate, Fast Track Court, (Magistrate Level), Ambattur. 3/4
D.BHARATHA CHAKRAVARTHY, J.
klt 23.08.2022 4/4