Madras High CourtCRL OP/27805/2015allowed

State Rep. By v. Aathavan

2015-11-18Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Criminal Original Petition No.27805 of 2015 State represented by:

The Public Prosecutor, High Court, Madras ... Petitioner Vs Aathavan ... Respondent Prayer:- This Criminal Original Petition has been filed under Section 378(3) of the Criminal Procedure Code, to grant leave to file an appeal before this Hon'ble High Court against the judgment passed in Criminal Appeal No.16/2013 (Common Judgment passed in Criminal Appeal Nos.16/2013, 17/2013 & 18/2013), dated 24.07.2013 by the Court of the II Additional District and Sessions Judge, Tindivanam.

For Petitioner : Mr. R.Govindarajan

ORDER

This Criminal Original Petition has been filed praying to grant leave so as to prefer Criminal Appeal SR.No.13137 of 2014 on the file of this Court.

2. It is averred in the petition that the petitioner is a complainant in Crime No.74 of 2011, wherein, the present respondent has been shown as second accused. The trial court has convicted him. Against the conviction and sentence passed by the trial court, Criminal Appeal No.16 of 2013 has been preferred on the file of the First Appellate Court. The First Appellate Court has allowed the same and thereby acquitted the second accused[respondent]. Under the said circumstances, the present Criminal Appeal SR.No.13137 of 2014 has been preferred on the file of this court and sought to grant permission, the present petition has been filed.

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3. Considering the reason mentioned in the petition, the same can be allowed.

In fine, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mrp To

1. The Judicial Magistrate, Judicial Magistrate Court No.I, Tindivanam.

2. Do Through The Chief Judicial Magistrate, Tindivanam.

3. Additional District and Sessions Judge, II Additional District and Sessions Court, Tindivanam.

4. The Principal sessions Judge, Tindivanam.

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27805 of 2015 MG(CO) CA(26/11/2015) https://hcservices.ecourts.gov.in/hcservices/