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Madras High CourtCRL OP(MD)/18734/2015allowed

The Inspector Of Police v. Balamurugan

2015-09-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT THE HON`BLE MRS.JUSTICE S.VIMALA CRL OP(MD) No.18734 of 2015 IN CRL A(MD) NO.SR11001 OF 2010 STATE REPRESENTED BY THE INSPECTOR OF POLICE PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

CR. NO. 179/2004 ... APPELLANT/COMPLAINANT IN BOTH THE PETITIONS Vs BALAMURUGAN .. RESPONDENT/ACCUSED Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased PRAYER IN CRL OP(MD) NO.18734 OF 2015 :

to grant leave to file an appeal to this Honourable Court, against the acquittal Judgment passed by the learned Assistant Sessions Judge, Kovilpatti in S.C. No.200 of 2005, Dated : 26.08.2009. PRAYER IN CRL A(MD) NO.SR11001 OF 2010 :

to prefer this Memorandum of Grounds of Criminal Appeal against the acquittal Judgment passed by the learned Assistant Sessions Judge, Kovilpatti in S.C. No.200 of 2005, Dated : 26.08.2009, and prays that this Honourable Court may be pleased to set aside the Judgment of acquittal passed by the lower Court and convict the Respondent/Accused. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.P.Kandasamy Government Advocate (Crl.Side) for the petitioner in both the petitions and of Mr.S.Balaji Advocate for the Respondent in Both the petitions the court made the following order:- The Accused has been acquitted of the charge under Section 376 IPC and Challenging the same the state has preferred this appeal. Leave is sought to prefer this appeal against acquittal. Heard both sides.

Considering the Seriousness of the offence, leave is granted. sd/- 29/09/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ASSISTANT SESSIONS JUDGE,KOVILPATTI

2. THE PRINCIPAL SESSIONS JUDGE, TUTOCORIN

3. THE INSPECTOR OF POLICE PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18734 of 2015 IN CRL A(MD) NO.SR11001 OF 2010 Date :29/09/2015 GJM/SKS/RR/SAR-I-5.10.15-2p-5c https://hcservices.ecourts.gov.in/hcservices/