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Madras High CourtCRL RC(MD)/649/2016dismissed

Sudalaimuthu v. The Inspector Of Police

2023-03-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 27.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sudalaimuthu ... Petitioner/Appellant/A1 Vs.

State Rep. by The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

Crime No.1740 of 2003 ... Respondent/Respondent/Complainant PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records relating to the Judgment in Crl.A.No.20 of 2006, dated 14.07.2016 on the file of the Fast Track Mahila Court, Nagercoil and confirming the Judgment in S.C.No.178 of 2004, dated 09.01.2006 on the file of the learned II Additional Assistant Sessions Judge, Nagercoil and set aside the same. For Petitioner : Mr.M.Subash Babu For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

This Criminal Revision Petition has been filed to set aside the Judgment passed in Criminal Appeal No.20 of 2006, dated 14.07.2016, on the file of the learned Fast Track Mahila Court, Nagercoil and by confirming the judgment made in S.C.No.178 of 2004, dated 09.01.2006 on the file of the learned II Additional Assistant Sessions Judge, Nagercoil.

2.The learned counsel for the petitioner would submit that the petitioner had no instructions from the petitioner. 3.It is seen from the records that the present revision has been filed as against the order of acquittal passed by the First Appellate Court. 4.In view of the same, the petitioner ought to have filed an appeal as against the acquittal. Therefore, the revision is dismissed with liberty to the petitioner to file an appeal as against the acquittal within a period of two weeks from the date of receipt of a copy of this order, if so advised.

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27.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes sji To 1.The Fast Track Mahila Court, Nagercoil.

2.The II Additional Assistant Sessions Judge, Nagercoil. 3.The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

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

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G.K.ILANTHIRAIYAN, J.

sji Order made in 27.03.2023 4/4