Madras High CourtCRL RC(MD)/175/2018dismissed

Pagam Priya @ Priya v. Selvam

2018-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.R.C.(MD)No.175 of 2018 Pagam Priya @ Priya : Petitioner/Defacto Complainant Vs.

1.Selvam 2.Palanichamy 3.Alaguthaai 4.Dhamayanthi 5.Ravi 6.Vasu 7.Devi 8.The Sub Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

In Cr.No.11 of 2003.

: Respondents PRAYER: Criminal Revision Case is filed under Sections 397(3) and 401 of the Criminal Procedure Code praying to call for the records in connection with C.C.No.200 of 2007 on the file of the learned Additional District Munsif -cum- Judicial Magistrate, Manamadurai, and set aside the order of acquittal dated 20.05.2010 and convict the respondents/accused according to the law. For Petitioner : Mr.R.Senthilkumar For Respondent No.8 : Mrs.S.Bharathi, Government Advocate (Crl.side)

ORDER

The respondents 1 to 7/accused faced prosecution in C.C.No.200 of 2007 before the learned Additional District Munsif -cum- Judicial Magistrate, Manamadurai, for the offences under Sections 498(A), 406 and 506(i) of the Indian Penal Code and they were acquitted by the Trial Court on 20.05.2010. Challenging the acquittal, the defacto complainant has filed the present revision with a delay of 412 days. Therefore, the defacto complainant filed a petition in M.P.(MD)No.1 of 2011 under Section 5 of the Limitation Act for condonation of delay. This Court has condoned the delay today. https://hcservices.ecourts.gov.in/hcservices/

2. On a reading of the Trial Court judgment, this Court does

not find any infirmity or illegality warranting interference in the order of acquittal passed by the Trial Court.

3. When two views are possible, the view in favour of the accused merits acceptance. Hence, this Criminal Revision Case is dismissed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Additional District Munsif -cum- Judicial Magistrate, Manamadurai.

2. The Sub Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SML TE/SKN-RSK/SAR-1 : 06/04/2018 : 2P/4C Order made in Crl.R.C.(MD)No.175 of 2018 Dated:-23.03.2018 https://hcservices.ecourts.gov.in/hcservices/