Madras High Court
R.Sundarasamy Gounder @ vs C.Ramachandran on 30 July, 2018
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2018 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.A.No.109 of 2011 R.Sundarasamy Gounder @ Senthamizh Selvan S/o.Late Ranga Gounder ... Appellant/Complainant Vs 1.C.Ramachandran 2.A.Shanmugam 3.M.Sivasami 4.Vijayakumar 5.Thambiraj 6.Balan @ Balasubramaniam 7.Vellingiri 8.Amavasai ... Respondents/Accused Criminal Appeal filed under Section 378 of Criminal Procedure Code, to set aside the Judgment dated 05.03.2008, made in C.C.No.43 of 2006 on the file of Judicial Magistrate No.7, Coimbatore. For Appellant : Mr.M.N.Balakrishnan For Respondents : M/s.P.A.Chithramani JUDGMENT
This Criminal Appeal has been preferred against the order dated 05.03.2008, passed by the learned Judicial Magistrate No.7, Coimbatore in C.C.No.43 of 2006.
2. This appellant has set the law in motion by filing a private complaint against the respondents for the alleged offence punishable under Sections 427, 448 r/w 109 of Indian Penal Code, before the Court below. After the trial, the Trial Court has acquitted the accused.
3. Having aggrieved by the said acquittal, the appellant, who is the complainant/victim of the crime, invoking section 378 of the Criminal Procedure Code, 1973 have preferred this appeal directly to this Court.
4. This kind of appeals preferred before this Court invoking Section 378 of the Code, arising out of acquittal, directly from the Trial Court, without approaching the first Appellate/Sessions Court in view of the amendment made to Section 372 of Criminal Procedure Code, have been dealt with by this Court, in a batch of cases, in the matter of Shanmugasundaram Vs. S.Mani (2017) 3 MLJ(Crl.) 591.
5. In the said judgment, following the decision of the Full Bench of this Court dated 05.04.2016, reported in the matter of S.Ganapathy V. N.Senthilvel(2016) 4 CTC 119: (2016) 3 MLJ (Crl) 641, this Court has directed that those appeals be transferred to the concerned Principal Sessions Courts with a further direction either to try and dispose of the appeals or to transfer the same to the Additional Sessions Courts for disposal in accordance with the provision under Section 372 of the Code.
6. In view of the said Full Bench judgment of this Court, followed by the aforesaid judgment in Shanmugasundaram Vs. S.Mani (2017) 3 MLJ(Crl.) 591, this appeal also to be transferred to the concerned Principal District and Sessions Court for appropriate action.
7. In view of the said judgment of the Full Bench as well as the other two orders of the learned respective single Judges and the order passed in Shanmugasundaram Vs. S.Mani case (cited supra), and also in view of the submissions made by the counsel appearing for the appellant, this Court is inclined to dispose of this appeal in the following terms:
(i)This criminal appeal is disposed of, along with connected original petitions and miscellaneous petitions (if any), by transferring the same to the concerned Principal Sessions Court;
(ii)On receipt of the transferred case, it is for the Sessions Court to take up and dispose the appeal or make over the same to the Additional Sessions Court for disposal, in accordance with law.
G.K.ILANTHIRAIYAN, J., nmm
(iii)Before taking up the appeal by the Sessions Court concerned, due notices be served on both parties;
(iv)Since this appeal is pending from the year 2011 before this Court, priority can be given to this appeal for disposal, and accordingly, this appeal can be disposed of as expeditiously as possible.
8. Registry is directed to send the case bundle with all connected records of the lower Court, if any received, to the concerned Sessions Court forthwith.
30.07.2018
Speaking order/Non-speaking order
Index :Yes/No
Internet :Yes/No
nmm
To
1. The Presiding Officer,
The Judicial Magistrate Court No.7,
Coimbatore..
Criminal Appeal No. 109 of 2011