Chinna Kulanthai v. Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.Nos. 5235 and 5240 of 2025 Chinna Kulanthai ... Petitioner in both Crl.MPs.

Vs.

Bakkiyaraj (Died) Elumalai ... Respondent in Crl.MP.No.5235 of 2025 Bakkiyaraj (Died) Regan Selladurai ... Respondent in Crl.MP.No.5240 of 2025 Criminal Miscellaneous Petitions filed under Section 528 BNSS, 2023, to order to transpose the Crl.R.C.Sr.Nos.51867 and 51860 of 2024 into Criminal Appeal SR.

For Petitioner : Mr.R.S.Govarthan in both Crl.MPs 1/5

C O M M O N O R D E R These Criminal Miscellaneous Petitions have been filed to transpose Crl.R.C.Sr.Nos.51867 and 51860 of 2024 into Criminal Appeals.

2. The petitioner has filed the present revision petitions against the dismissal order dated 27.08.20224 passed in C.C.No.12 of 2023 by leaned Judicial Magistrate, Chengam, Tiruvannamalai. Earlier, the petitioner filed miscellaneous petitions in Crl.M.P.Nos.17495 and 17501 of 2024 in Crl.R.C.Sr.Nos.51860 and 51867 of 2024 seeking to accept the cause title, which came to be dismissed by this Court on 16.12.2024 by holding that the petitioner herein is not a complainant before the trial Court. The petitioner's son is the complainant. After the death of the petitioner's son, no steps were taken. Since revisions petitions are arising out of the judgment of acquittal, no revision would lie against the judgment of acquittal and hence, the Registry is directed to convert the revision petitions into Criminal Appeals, subject to the filing of leave to file appeals, if any to be filed by the petitioner herein. 2/5

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3. In view of the above, these criminal miscellaneous petitions are disposed of.

27.03.2025 ms 4/5

P.VELMURUGAN, J ms 27.03.2025 5/5