← Library
Madras High CourtCRL A/367/2018dismissed for nonprosecution

Kala, 46 Years, v. The State Rep By Its,

2022-11-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kala ... Appellant Vs

1. State by Deputy Superintendent of Police, Villupuram, Crime No.236 of 2009.

2. Geetha

3. Anandan

4. Annadurai

5. Chinnaraj

...Respondents

PRAYER : Criminal Appeal has been filed under Section 374(2) of Criminal Procedure Code, to call for the records in S.C.No.5 of 2010 on the file of the learned Special Judge (Principal Sessions Judge), Villupuram Sessions Division, Villupuram and set aside the order dated 07.02.2011 by setting aside the acquittal of the respondents 2 to 5 in so far as the offence under Sections 3(1)(v)(x) and 3(1)(x)(xi) of SC/ST (POA) Act, 1989 and also by enhancing the sentence imposed on the respondents 2 to 5 in so far as the IPC offences are concerned.

For Appellant : No appearance For R1 : Mr.A.Gopinath Government Advocate (Crl. Side) For R2 to R5 : Mr.R.Ramesh Kumar

JUDGMENT

This appeal is directed as against the Judgment passed in S.C.No.5 of 2010 dated 07.02.2011, on the file of the Special Judge (Principal Sessions Judge), Villupuram Sessions Division, Villupuram, thereby acquitted the respondents 2 to 5 for the offence punishable under Sections 3(1)(v)(x) and 3(1)(x)(xi) of SC/ST (POA) Act, 1989.

2. When the matter was called on 04.11.2022, there was no representation on behalf of the petitioner. Hence, the matter was ordered to be listed to-day i.e., on 09.11.2022, under the caption 'for dismissal'.

3. Today also, when the matter was called, there is no representation on behalf of the petitioner. Hence, this Criminal Appeal is dismissed for 'non prosecution'.

09.11.2022 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No mn

G.K.ILANTHIRAIYAN, J.

mn To

1. The Special Judge (Principal Sessions Judge), Villupuram Sessions Division, Villupuram.

2. The Deputy Superintendent of Police, Villupuram.

3. The Public Prosecutor, High Court, Madras.

09.11.2022