State Represented By v. Shiek Mohideen @ Nazrudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH State represented by The Inspector of Police, Special Investigation Division, Crime Branch CID., Egmore, Chennai - 600 008.

(P-6 Kodungaiyur PS Crime No.381 of 1997) .. Petitioner/Complainant Vs.

1.Shiek Mohideen @ Nazrudeen 2.Mohamed Kamil @ Kamil ..Respondents/AA 8 & 9 Criminal Original Petition filed under Section 378 (4) Cr.P.C. to grant special leave to prosecute the above appeal against the judgment and order dated 28.12.2018 passed in S.C.No.9 of 2003 on the file of the Sessions Court, (Special Court for Exclusive Trial of Bomb Blast cases), Chennai.

For Petitioner : Mrs.P.Kritika Kamal Govt.Advocate (Crl.Side) 1/4

ORDER

This case is taken up through video conferencing. 2.

For the sake of convenience, the petitioner and the respondents will be referred to as complainant and accused, respectively. 3.

The complainant initiated a prosecution in S.C.No.9 of 2003 before the Sessions Court, (Special Court for Exclusive Trial of Bomb Blast cases), Chennai, for the offences under Section 120(b) IPC and Sections 4(a), 6 r/w 4(b) and 5 of the Explosive Substances Act, 1883, against the accused. The Sessions Judge, by judgment and order dated 28.12.2018, acquitted the accused of the said charges. Aggrieved by the judgment and order of acquittal, the complainant is before this Court. 4.

On reading the judgment and order of the trial Court, there is prima facie material to show that the trial Court had fallen in error in acquitting the accused by mis-appreciation of the evidence on record. Hence, leave granted.

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The Registry is directed to number the appeal, if the same is otherwise in order.

28.08.2020 nsd To

1. The Sessions Judge, (Special Court for Exclusive Trial of Bomb Blast cases), Chennai.

2. The Public Prosecutor, Madras High Court, Chennai - 600 104.

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P.N.PRAKASH, J.

nsd 28.08.2020 4/4