Madras High CourtCRL RC/1768/2011disposed of

Selvaraj v. State Rep By

2018-02-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.02.2018 Coram THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.R.C.No.1768 of 2011 Selvaraj ... Petitioner Vs.

1.State rep. by Inspector of Police Thalainayar Nagapattinam District ... Respondent / complainant 2.Kasiviswanatha 3.Kannaru @ Karunanidhi 4.Chellakannu @ Ganesan 5.Kalam @ Kalaiselvam 6.Sathiyaraj 7.Santhosh Kumar 8.Ramesh 9.Ravi @ Ravikumar 10.Muruga ... Respondents PRAYER: This Criminal Revision Petition has been filed under Section 397 r/w 401 of Criminal Procedure Code against the Judgment dated 08.06.2011 made in S.C.No.27 of 2010 on the file of the Assistant Sessions Judge, Nagapattinam. For Petitioner : N.A. (Change of Vakalat given) For Respondents : Mr.R.Ravichandran Govt. Advocate for R1 Mr.V.Illanchezhian for R2 to R10

ORDER

This Revision Petition has been filed as against the order of acquittal.

2.On a perusal of the Revision Petition, it is clear that an appeal ought to have been filed by the Revision Petitioner as against the acquittal. In view of the amendment made under Section 372 of Criminal Procedure Code, in Act 5 of 2009, this revision is not maintainable.

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3.Accordingly, this Revision Petition stands dismissed as not maintainable and liberty is granted to the Revision Petitioner to file a fresh appeal as per law before the concerned District Court within a period of two months from today. In the event, the appeal is being filed, the learned Appellate Court shall consider the period of time spent in this revision petition, while admitting the appeal and dispose of the same as expeditiously as possible.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kas To.

1.The Assistant Sessions Judge Nagapattinam 2.The Inspector of Police Thalainayar Nagapattinam District 3.The Public Prosecutor High Court of Madras +1cc to Mr.S.VADIVELMURUGAN, Advocate, S.R.No.10483 +1cc to Mr.V.ILLANCHEZHIAN, Advocate, S.R.No. 10413 CRL.R.C.No.1768 of 2011 TR(23/02/2018) https://hcservices.ecourts.gov.in/hcservices/