Madras High CourtCRL OP(MD)/17254/2015allowed

Alagusundari v. Alagarsamy

2016-02-16Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.17254 of 2015 and CRL A(MD)No.SR.30238 of 2015 ALAGUSUNDARI ..PETITIONER/APPELLANT/COMPLAINANT Vs.

1 ALAGARSAMY S/O.(LATE) GURUSAMY NAICKER 2 POOCHAMMAL 3 ALAGARSAMY S/O.(LATE) RAMASAMY NAICKER 4 NAGARATHINAM ..RESPONDENTS/RESPONDENTS/ACCUSED Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to grant Special Leave to appeal against the Judgment of Acquittal dated 16.07.2015 passed by the learned Judicial Magistrate, Thirumangalam, Madurai District in C.C.No.301 of 2011.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.D.RAMESHKUMAR, Advocate for the petitioner and the respondents not appeared either in person or by Advocate, the court made the following order:- This is an application filed by the petitioner to grant special leave to file appeal against the judgment of acquittal dated https://hcservices.ecourts.gov.in/hcservices/ 16.07.2015 passed by the learned Judicial Magistrate, Thirumangalam, Madurai District in C.C.No.30 of 2011.

2.It is stated in the affidavit enclosed with the petition that the petitioner is having a bright chance for success in the present criminal appeal. In the grounds of appeal, the petitioner raised 12 grounds as against the judgment of acquittal of the trial Court. 3.Further, notice has been ordered to the respondents and also notice has been served to them. In spite of service of notice of hearing to the respondents, the respondents have not appeared before this Court. No representation also made on behalf of the respondents. 4.Having considered the above mentioned facts and circumstances, this Court is satisfied to grant special leave as prayed for. 5.Accordingly, this petition is allowed as prayed for. sd/- 16/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

Akm/22.02.2016/2p-3c/NGM/SS/SAR-I

ORDER

IN CRL OP(MD) No.17254 of 2015 in CRL A(MD)No.SR.30238 of 2015 Date :16/02/2016 https://hcservices.ecourts.gov.in/hcservices/