Madras High CourtCRL A(MD)/77/2018dismissed for nonprosecution

M.Subramanian, v. The Inspector Of Police,

2019-12-12Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

Crl. A. (MD)No.77 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl. A. (MD)No.77 of 2018 M.Subramanian ... Appellant/P.W.4 Vs.

1.State Rep. by The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

...1st Respondent/Complainant 2.Muthukumar ... 2nd Respondent/Sole Accused Prayer: Criminal Appeal filed under Section 372 of the Criminal Procedure Code, praying to call for the records relating to the judgment of acquittal made in S.C.No.18 of 2015 dated 08.02.2017 on the file of the Additional District and Sessions Court cum Essential Commodities, Narcotics, Psychotropic Substances Special Court, Pudukkottai and set aside the same and grant maximum sentence to the accused/2nd respondent by allowing the Criminal Appeal. For Appellant : No appearance For 1st Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor For 2nd Respondent : Mr.P.Balasubramanian

J U D G M E N T

(Judgment of the Court was delivered by T.RAJA, J.) This appeal has been filed by P.W.4 against the order of acquittal passed by the Additional District and Sessions Court cum Essential Commodities, Narcotics, Psychotropic Substances Special Court, Pudukkottai in S.C.No.18 of 2015 dated 08.02.2017. 2.When the matter was listed on 11.12.2019, finding no one appeared for the appellant, this Court posted the matter today (12.12.2019) under the caption 'for dismissal', giving a chance to the petitioner to prosecute the matter. Today also no one appears https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl. A. (MD)No.77 of 2018 for the appellant. This shows that the petitioner is not interested in prosecuting the matter.

3.Since the Criminal Appeal is filed by P.W.4 as against the order of acquittal and the appellant is not interested in prosecuting the same, the Criminal Appeal is dismissed for nonprosecution. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) sj To

1. The Additional District and Sessions Court, Additional District and Sessions Court cum Essential Commodities, Narcotics, Psychotropic Substances Special Court, Pudukkottai.

2.The District Munsif cum Judicial Magistrate, Thirumayam.

3.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

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

Copy to The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) Crl. A.(MD)No.77 of 2018 12.12.2019 avg(CO) TR(30.12.2019)2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2