Madras High CourtCRL RC(MD)/109/2016disposed of

Boomadevi v. The Inspector Of Police

2020-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.R.C.(MD)No.109 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.109 of 2016 Boomadevi ... Petitioner/Decacto Complainant Vs 1.State represented through The Inspector of Police, All Women Police Station, Karaikudi.

... 1st Respondent /Complainant 2.Hari Balaji 3.Muruganantham 4.Vijayalakshmi 5.Saravanan 6.Balaganesh ... Respondents 2 to 6/Accused 1 to 5 PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the order dated 28.04.2015 in C.C.No.74 of 2009 on the file of the District Munsif Cum Chief Judicial Magistrate, Karaikudi and allow this criminal revision petition.

For Petitioner : Mr.H.Lakshmi Shankar For R1 : Mr.A.Robinson Government Advocate (Crl.side) For RR2 to 6 : Mr.A.L.Kannan

ORDER

This revision case is directed against the Judgment of acquittal rendered in C.C.No.74 of 2009 on the file of the Chief Judicial Magistrate, Karaikudi.

2.As rightly pointed out by the learned counsel appearing for the accused, in view of the amendment and also the full Bench Judgment of this Court, the remedy open to the defacto complainant is to file an appeal before the Sessions Judge. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.109 of 2016 3.Therefore, Registry is directed to transmit the papers without any delay to the learned Principal District and Sessions Judge, Sivagangai. The papers will be renumbered as criminal appeal and taken up 'for disposal' immediately. The Criminal Revision Case is disposed of.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Principal District and Sessions Judge, Sivagangi. 2.The District Munsif cum Chief Judicial Magistrate, Karaikudi.

3.The Inspector of Police, All Women Police Station, Karaikudi.

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) +1 CC to Mr.H.LAKSHMI SHANKAR, Advocate SR.No. 27159 Crl.R.C(MD)No.109 of 2016 23.12.2020 NS(CO) TR(06.01.2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2