Rajendiran v. Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM Crl.R.C.No.628 of 2011 Rajendiran S/o.Ramasamy ... Petitioner vs.

1.Rajkumar S/o.Natesan 2.The Inspector of Police, Thevoor Police Station, Sankari Circle, Salem District.

Crime No.278 of 2009 ... Respondents Criminal Revision filed under Section 397 r/w 401 Cr.P.C. against the judgment of learned Additional District and Sessions Judge, Fast Track Court II, Salem, passed in S.C.No.233 of 2010 on 17.02.2011. For Petitioner : Mr.T.Gowthaman For Respondents : No appearance Mr.S.Panneerselvan [R1] Mr.V.Arul Additional Public Prosecutor [R2] *****

O R D E R

Petitioner challenges the judgment of learned Additional District and Sessions Judge, Fast Track Court II, Salem, passed in S.C.No.233 of 2010 on 17.02.2011.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for second respondent.

3. Revision petitioner is the de facto complainant in Crime No.278 of 2009 on the file of first respondent. In the light of proviso to Section 372 Cr.P.C., which is in force from 31.12.2009, the petitioner's remedy would be by way of an appeal.

4. The Criminal Revision Case is dismissed with liberty to move afresh by filing an appropriate application seeking condonation of delay, which of course would be dealt with on merits.

Registry is directed to return the original papers to learned counsel for petitioner.

24.08.2017 Index :Yes/No Internet:Yes/No gm

To 1.The Additional District and Sessions Judge, Fast Track Court II, Salem.

2.The Inspector of Police, Thevoor Police Station, Sankari Circle, Salem District.

3.The Public Prosecutor, High Court, Chennai.

C.T. SELVAM, J gm Crl.R.C.No.628 of 2011 24.08.2017