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Madras High CourtCRL OP/6575/2022allowed

S. Aravinth, v. S.Anand

2022-03-23Honourable Mr Justice R. Pongiappan3 pages

in Crl.A.SR.No.11433 of 2022 R.PONGIAPPAN, J.

This petition has been filed praying to grant leave to file an appeal against the order dated 24.03.2021 passed in S.T.C.No.900 of 2016 on the file of the learned Judicial Magistrate No.3, Salem.

2. Heard, the learned counsel appearing for the petitioner.

3. The trial Court passed an order of acquittal under Section 256 of Cr.P.C. In the impugned order the learned Judicial Magistrate did not say about the date on which the complainant/petitioner has not appeared. Further in view of the order passed by the Hon'ble Apex Court, some period is exempted for limitation.

4. Having heard the counsel and perused the materials available on record, this Court is of the opinion that the petitioner shown a prima facie case for filing an appeal.

5. Accordingly, leave is granted and this Criminal Original Petition is allowed.

23.03.2022 Note: Registry is directed to number the appeal, if it is otherwise in order.

rts

R.PONGIAPPAN, J.

rts Crl.O.P.No.6575 of 2022 in Crl.A.SR.No.11433 of 2022 23.03.2022