A. Vasantha Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Vasantha Arumugam ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

(Crime No.63 of 2010) 2.Jeyalakshmi @ Mathiarasi 3.Krishnan ... Respondents PRAYER : This Criminal Revision Case has been filed under Section 397 r/w 401 of Cr.P.C., revising the order of acquittal passed by means of the judgment of the learned Additional District Judge, Dindigul, Dindigul District, dated 19.01.2017 made in C.A.No.16 of 2015 confirming the judgment of the learned Judicial Magistrate No.II, Dindigul, Dindigul District, dated 10.06.2014 made in C.C.No.287 of 2011 of acquitting the respondents 2 and 3 who are the accused in Crime No.63 of 2010 on the file of the District Crime Branch, Dindigul, Dindigul District for the offences under Sections 120(b), 406, 463, 472 and 420 of IPC forth with. 1/4

For Petitioner : Mr.S.Palani Velayutham For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R2 & R3 : Mr.A.Arul Jenifer O R D E R This Criminal Revision Case is filed to set aside the order of acquittal passed by the learned Additional District Judge, Dindigul, Dindigul District, dated 19.01.2017 made in C.A.No.16 of 2015, confirming the judgment of the learned Judicial Magistrate No.II, Dindigul, Dindigul District, dated 10.06.2014 made in C.C.No.287 of 2011 acquitting the respondents 2 and 3, who are the accused in Crime No.63 of 2010 on the file of the District Crime Branch, Dindigul, Dindigul District for the offences under Sections 120(b), 406, 463, 472 and 420 of IPC forth with.

2.Heard the learned counsel appearing on either side and perused the materials available on records.

3. It is seen from the records that the present revision case has been filed as against the order of acquittal passed by the appellate 2/4

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

4. With the above liberty, this Criminal Revision Case is dismissed.

07.03.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No cp To 1.The Judicial Magistrate No.II, Dindigul, Dindigul District. 2.The Additional District Judge, Dindigul, Dindigul District. 3.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.K.ILANTHIRAIYAN , J., cp 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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