N.Jothikannu v. Puyalrajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.870 of 2013 N.Jothikannu

...Petitioner

Vs.

1. Puyalrajan

2. Gopal Chettiyar

3. Kalyani

4. Pugazendhi

5. The State Represented by The Deputy Superintendent of Police, Nagai Sub-Division, Nagapattinam.

... Respondents Prayer:

The Criminal Revision Case filed under Section 397 and 401(1) of Code of Criminal Procedure to call for the records relating to Sessions Case No.30/2012, dated 26.03.2013 on the file of the learned Assistant Sessions Judge, Nagapattinam (Chief Judicial Magistrate) and to set aside the same and convict the accused under Sections 304 (B) and 498(A) IPC.

For Petitioner : No Appearance For Respondents : Mr.R.Ravichandran, for R-5 Government Advocate (Crl. Side)

ORDER

The present Criminal Revision has been filed by the petitioner against the order of the learned Assistant Sessions Judge, Nagapattinam (Chief Judicial Magistrate) in S.C.No.30 of 2012 dated 26.03.2013.

2. As per the amendment dated 31.12.2009, appeal lies against the order of acquittal. Therefore, the petitioner is at liberty to file fresh Criminal Appeal before the appropriate forum. However, time taken to file this revision is exempted for the purpose of limitation. https://hcservices.ecourts.gov.in/hcservices/

3. With the above observation, the Criminal Revision is dismissed.

Sd/- Assistant Registrar(CS v) //True Copy// Sub Assistant Registrar jer To

1. The Assistant Sessions Judge, (Chief Judicial Magistrate)Nagapattinam.

2. The Deputy Superintendent of Police, Nagai Sub-Division,Nagapattinam.

3. The Public Prosecutor, High Court of Madras.

Copy to The section officer, Criminal Section, High court Madras Crl.R.C.No.870 of 2013 ASK(15/10/2018) https://hcservices.ecourts.gov.in/hcservices/