The Public Prosecutor v. Thangapandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.9438 of 2016 AND Crl.A.(MD).SR.No.2363 of 2016 The State Rep.by THE PUBLIC PROSECUTOR HIGH COURT, MADRAS 600 104, (USILAMPATTI TALUK POLICE STATION, CR.NO.116/2007) ... PETITIONER / APPELLANT / COMPLAINANT Vs 1 THANGAPANDIAN 2 VASI ...

RESPONDENT / RESPONDENTS/ ACCUSED (A-1 & A-2) Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to grant leave to file an appeal to this Honourable Court against the judgment of the acquittal of the respondents / accused [A-1 & A-2] passed by the III Additional District and Sessions Judge (PCR), Madurai in Special S.C.No. 131/2009 dated 10.07.2015 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.Ramachandran, Additional Public Prosecutor for the petitioner the court made the following order:- [Order of the Court was made by K.K.SASIDHARAN, J.] Heard the learned Additional Public Prosecutor appearing on behalf of the petitioner.

2. This Petition is to grant leave to the State to file appeal against the Judgment of acquittal, dated 10.07.2015, in Special S.C.No.131 of 2009, on the file of Third Additional District and Sessions Judge (PCR), Madurai.

3. The learned Additional Public Prosecutor has taken us through the material portion of the Judgment to substantiate his contention that the Trial Court failed to consider certain vital aspects and the same resulted in the acquittal of some of the accused.

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4. We are convinced with the grounds taken by the learned Additional Public Prosecutor for the grant of leave to file appeal.

5. In the result, the State is granted leave to file appeal against the Judgment in S.C.No.131 of 2009.

6. In the upshot, we allow the petition.

sd/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR) MADURAI 2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS 600 104 sm:SK-SKN:SAR I:21.06.2016:2P/3C

ORDER

IN CRL OP(MD) No.9438 of 2016 and Crl.A.(MD).No.2363 of 2016 Date :15/06/2016 https://hcservices.ecourts.gov.in/hcservices/