The State Rep By Its, v. Manikandan

Crl.O.P.No.32666 of 2022 in Crl.A.No.SR45320 of 2022 P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

(Made by P.N.PRAKASH, J.) This criminal original petition has been filed seeking special leave to file an appeal challenging the acquittal of the respondents/accused by judgment and order dated 25.01.2021 passed in S.C.No.33 of 2016 on the file of the Additional District and Sessions Court, Magalir Neethimandram, (Fast Track Mahila Court), Tiruvarur.

2.

The petitioner/State initiated a prosecution in S.C.No.33 of 2016 before the Additional District and Sessions Court, Magalir Neethimandram, (Fast Track Mahila Court), Tiruvarur, in which, the learned Sessions Judge, by judgment and order dated 25.01.2021, acquitted the respondents/accused of the all the charges. Aggrieved by the judgment and order of acquittal, the petitioner/State is before this Court. 3.

Heard Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the petitioner/State. 1/3

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

nsd 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 respondents/accused. The learned Additional Public Prosecutor brought to the notice of the Court that the evidence of Rajagopal (PW7), brother of the deceased, has not been properly appreciated by the trial Court. Hence, leave granted.

The Registry is directed to number the appeal, if the same is otherwise in order and print the names of Ms.N.Devi, Advocate, for second respondent and Mr.Swami Subramanian, Advocate, for third respondent in the cause list, while listing the appeal for admission. P.N.P., J.] [N.A.V., J.] 04.01.2023 nsd 2/3

Crl.O.P.No.32666 of 2022 in Crl.A.No.SR45320 of 2022 3/3