Madras High CourtCRL RC/620/2011dismissed

C.Rengasamy v. Nedumaran

2018-02-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2018

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Crl.R.C.No.620 of 2011 C.Rengasamy, S/o.Chinnasubba Naicker, Secretary, Thanjavur Sarvodaya Sangam, Head office :

8-9, Kambatta Viswanathar Koil East Street, Kumbakonam Taluk, Thanjavur District.

... Petitioner Vs

1. Nedumaran

2. Sate rep. by The Inspector of Police, District Crime Branch, Nagapattinam District.

(Crime No.13 of 1998) ... Respondents Criminal Revision Case filed under Section 397 read with 401 Cr.P.C. to set aside the order made in C.C.No.153 of 1999 on the file of the Judicial Magistrate No.I, Nagapattinam, dated 11.01.2011 and thus allow the criminal revision. For Petitioner : *Mr.D.Veerasekaran For Respondents: *Mr.S.Kasirajan for R1 Mr.R.Ravichandran, Government Advocate - R2

O R D E R

This revision has been filed as against the judgment of the learned trial Court acquitting the accused in C.C.No.153 of 1999.

2. After the amendment of the Section 372 of Code of Criminal Procedure, which came into effect on 31.12.2009, the victim has a right of appeal as against the order of acquittal only before the Principal District and Sessions Court and hence, this revision is liable to be dismissed as not maintainable. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, this Revision Case is dismissed as not maintainable.

*However, the revision petitioner is at liberty to file an appeal before the appropriate forum within one month from 15.03.2018. On such appeal being filed, the concerned court take into consideration of the period of delay already spent in the revision.

vrc Sd/- Assistant Registrar(CS VI) dt.01.03.2018 *amended as per order dt.15.3.2018 and made in Crl.Rc.No.620/2011 Sd/- Assistant Registrar dt.16.3.2018 //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.I, To be substituted for Nagapattinam. the orders already despatched on 14.3.18

2. -do-thro The Chief Judicial Magistrate, Nagapattinam

3. The Inspector of Police, District Crime Branch, Nagapattinam District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Kasirajan, Advocate Sr.No.19745 +1cc to Mr.D.Veerasekaran, Advocate Sr.no.19595 MG(CO) sm:2.3.2018 sm:19.3.2018 Crl.R.C.No.620 of 2011 1/3 https://hcservices.ecourts.gov.in/hcservices/