Madras High CourtCRL A(MD)/353/2009disposed of

Padmavathi v. Ammasiparvathi

2019-08-31Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2019 CORAM :

THE HONOURABLE MRS. JUSTICE R. THARANI Crl.A.(MD) Nos.353 to 355 of 2009 Padmavathi ... Petitioner/Complainant in Crl.As.

vs.

Ammasiparvathi ... Respondent/Accused in Crl.As.

Common Prayer:- Criminal Appeal filed under Section 389(1) of Cr.P.C., to call for the records in C.C.Nos.115, 117 and 118 of 2002 on the file of the learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District dated 18.09.2009 and set aside the order of acquittal and consequently convict and sentence the Respondent. (in Crl.A.s.) :Mrs.Seeni Ammal, For Mr.T.Lajapathi Roy For Respondent : Mr.Calwin Christopher (in Crl.A.s.) COMMON JUDGMENT This appeals have been filed to set aside the orders passed in C.C.Nos.115, 117 and 118 of 2002 on the file of the learned Judicial Magistrate, Padmanapuram, Kanyakumari District dated 18.09.2009. 2.On the side of the appellant, it is stated that after the filing of the appeals, there is an amendment under Section 372 of Cr.P.C., as to appeal remedy is available to the District and Sessions Court and prayed the case to be remitted back to the District and Sessions Court, Nagercoil.

3.The learned counsel appearing for the respondent has no objection in remitting the matter to the District and Sessions Court.

4.In the above circumstances, this Court deems it fit to transfer the matter to the District and Sessions Court, Nagercoil for disposal in accordance with law. The District and Sessions Judge, Nagercoil is directed to take the case on file and to dispose https://hcservices.ecourts.gov.in/hcservices/

of the matter within a period of four months from the date of receipt of copy of this Judgment.

5.With the above direction, these Criminal Appeals are disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate, Padmanabhapuram, Kanyakumari District.'

2.The District and Sessions Judge, Nagercoil.

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2) +1 CC to Mr.T. LAJAPATHIRAY, Advocate SR-85132. Crl.A.(MD) Nos.353 to 355 of 2009 CS(16.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/