P.Sivabalan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.81 of 2011 P.Sivabalan ... Petitioner/P.W.12 .. Vs ..

1. State rep. by Inspector of Police, CBCID, Coimbatore.

(Crime No.108 of 2009) ... 1st Respondent/Complainant

2. N.K.K.P. Raja

3. Uma Maheswari

4. R.Kumar @ Kanchikumar

5. K.V.P. Senthil @ Senthil Murugan

6. Ashokkumar

7. Velu @ Velmurugan

8. Kaliappan ... Respondents 2-8/Accused No.1-7 PRAYER: Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C., against the order dated 21.09.2010 passed by the learned Judicial Magistrate No.3, Erode, in C.C.No.468 of 2010. For Petitioner : Mr.V.Vikram for Mr.C.D.Johnson For R-1 : Mrs.V.Sarathadevi, Government Advocate (Crl.Side) For RR-2 & 3 : Mr.N.Manokaran For RR-4 to 8 : Mr.S.Vinoth Kumar - - - - -

ORDER

This Criminal Revision Case is filed by the revision petitioner/P.W.12 against the order of acquittal passed by the learned Judicial Magistrate No.3, Erode, in C.C.No.468 of 2010, dated 21.09.2010.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the

first respondent, as well as the learned counsel appearing for respondents 2 to 8.

3. It is seen that on 31.12.2009, amendment has been made to Section 372 of Cr.P.C., and the following proviso is added. "Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

4. It is brought to the notice of this Court that as against the order of acquittal, P.W.12 has preferred criminal appeal before the concerned District Court.

5. Learned counsel appearing for respondents 2 and 3 brought to my notice the decision of this Court reported in 2017 (2) MWN (Cr.) 434 [Shanmugasundaram Vs. S.Mani], wherein, the above provision of law has been incorporated and submitted that the criminal revision has to go before the learned Principal District Judge, Erode.

6. In view of the above decision cited supra, the Registry is directed to transmit the above criminal revision case to the learned Principal District Judge, Erode, within a period of three weeks. On receipt of the same, the learned Principal District Judge, Erode, is directed to assign a new number, take the case on file and dispose the same on merits, within a period of twelve weeks from the date of numbering the case.

7. With the above direction, this Criminal Revision Case is disposed of.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar Jrl To 1.

The Judicial Magistrate No.3, Erode.

2.

The Principal District Judge, Erode.

3.

The Inspector of Police, CBCID, Coimbatore.

4.

The Public Prosecutor, High Court, Madras.

+1cc to Mr. C.D.Johnson, Advocate, S.R.No. 58075 +1cc to Mr.N.Manoharan, Advocate, S.R.No. 58491 Crl.R.C.No.81 of 2011 SJ(CO) GN(20/09/2018)