Madras High CourtCRL RC(MD)/570/2018disposed of

S. Murugesan v. A. Murugesan

2023-04-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Murugesan ... Petitioner/ Defacto Complainant Vs.

1.A.Murugesan 2.R.Rajendran 3.V.Muthupandian ... Respondents 1 to 3/ Accused 4.The Inspector of Police, District Crime Branch, Madurai District.

In Crime No.3 of 1997.

... 4th Respondent/Complainant PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records and set aside the order passed by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.3939 of 2017 in unnumbered C.A.No..... of 2017, dated 11.06.2018.

For Petitioner : Mr.S.Sankar For R - 1 : Mr.G.Balasubramanian For R - 2 : Mr.S.Vellaichamy 1/4

ORDER

This revision has been filed as against the order passed by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.3939 of 2017 in unnumbered C.A.No..... of 2017, dated 11.06.2018, thereby dismissing the petition to condone the delay of 57 days in filing the appeal as against the order of acquittal. 2.As per the decision of the Full Court Judgment of this Court reported in 2020 (4) CTC 1 [K.Rajalingam Vs.

R.Sunganthalakshmi], the appeal as against acquittal lies before this Court. Hence, the petitioner is at liberty to file an appeal as against the order of acquittal passed by the trial Court before this Court in accordance with law.

3.With the above direction, this Criminal Revision Case is disposed of.

18.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps 2/4

To 1.The Principal Sessions Judge, Madurai.

2.The Inspector of Police, District Crime Branch, Madurai District.

3/4

G.K.ILANTHIRAIYAN, J.

ps Order made in 18.04.2023 4/4