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Madras High CourtCRL RC/410/2010closed

Munusamy v. Munusamy

2015-08-05Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2015 CORAM :

THE HONOURABLE Mr.JUSTICE B.RAJENDRAN Crl.R.C.No.410 of 2010 Munusamy ... Petitioner Vs.

1.Munusamy 2.Thangavel 3.Elumalai 4.Bakthavatchalam 5.Kamalesan 6.Srinivasan 7.Balakrishnan 8.State by The Inspector of Police, Valathi Police Station, Gingee.

... Respondents Prayer: Revision filed under Sections 397 (1) & 401 of Cr.P.C against the judgment dated 08.03.2010 in S.C.No.397 of 2009 passed by the learned Assistant Sessions Judge, Gingee.

For Petitioner : Mr.V.Paarthiban For Respondents : Mr.V.G.Suresh Kumar (For R1 to R7) Mr.V.Arul, Govt Advocate (for R8)

ORDER

This Revision has been filed challenging the judgment dated 08.03.2010 in S.C.No.397 of 2009 passed by the learned Assistant Sessions Judge, Gingee, acquitting the accused for the offence under Section 436 IPC.

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2.The impugned order of acquittal was passed on 08.03.2010. In view of the amendment to Section 372 of Cr.PC., (Amendment Act, 2008), now revision petition will not lie against the order of acquittal. The petitioner has to file appeal against the order of acquittal. Hence, this criminal revision petition is closed. The petitioner is at liberty to file an appeal before the appropriate Court. Taking into account the amendment to Section 372 of Cr.PC, the period between the date of filing the revision and till date is ordered to be excluded, for the purpose of limitation. Registry is directed to return the original papers to the petitioner. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ssv To

1. The Assistant Sessions Judge, Gingee.

2. -Do- Through The Chief Judicial Magistrate, Tiruvannamalai.

3. The Inspector of Police, Valathi Police Station, Gingee.

4. The Government Advocate (Crl.Side), Madras High Court, Madras.

+1cc to Mr.V.Parthiban, Advocate, S.R.No.40571 Crl.R.C.No.410 of 2010 RSK(CO) CA(03/09/2015) https://hcservices.ecourts.gov.in/hcservices/