Madras High Court
V.Ramachandrappa vs Narayanappa on 25 August, 2021
CRL.R.C.No.1468 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.08.2021
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
CRL.R.C.No.1468 of 2019
V.Ramachandrappa
S/o,Late Venkatagiri ... Petitioner
Versus
1. Narayanappa
S/o, late Munisamy
(Died on 02.04.2008 hence
discharge from the calendar case)
2. Annaiah @ Subramani
S/o, Late M.Narayanappa
3. Munirajan
S/o, Late Narayanappa
4. Venkatesan
S/o, Late Narayanappa
5. Suresan
S/o, Late Narayanappa
6. Nanjundappa
S/o, Ramaiah
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CRL.R.C.No.1468 of 2019
7. Krishnappa
S/o, Nanjundappa
8. Munisamy
S/o, Late Thippanna @ Thippegowda ... Respondents
PRAYER:
Criminal Revision Petition filed under Section 401 of the Code of
Criminal Procedure, against the judgment in Crl.A.No.19 of 2018 passed
impugned order dated 18.03.2018 on the file of the Principal Sessions
Judge at Krishnagiri and in C.C.No.79 of 2003 passed impugned order
dated 16.09.2017 on the file of the District Munsif cum Judicial Magistrate
at Denkanikottai and pray to set aside the order of acquittal and must be
sentenced the respondents/accused for the offences committed under
section 193, 379, 447 and 506(ii) of Indian Penal Code Act 1860.
For Petitioner : No appearance
R1 : Died
For R2 to R8 : Mr.C.S.Dhanasekaran
*****
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CRL.R.C.No.1468 of 2019
ORDER
This Criminal Revision Case has been filed against the judgment
dated 18.03.2018 passed in Crl.A.No.19 of 2018 on the file of the
Principal Sessions Judge at Krishnagiri, confirmed the order dated
16.09.2017 passed in C.C.No.79 of 2003 on the file of the District Munsif
cum Judicial Magistrate at Denkanikottai.
2.The petitioner filed the private complaint against the respondents
before the learned District cum Judicial Magistrate, Thenkanikottai in
C.C.No.79 of 2003. After the trial, the learned Magistrate dismissed the
private complaint filed by the petitioner. Against the dismissal order, the
petitioner preferred the appeal before the Principal Sessions Judge,
Krishnagiri in Criminal Appeal No.19 of 2018. The learned Principal
Sessions Judge after hearing the arguments and considered the materials
placed before it, dismissed the appeal and confirmed the order of acquitall
passed by the learned Judicial Magistrate, Thenkanikottai in C.C.No.79 of
2003. Challenging the said dismissal of appeal, the petitioner has filed the
present revision case before this Court.
3.Today when the matter is taken up for hearing, no representation
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CRL.R.C.No.1468 of 2019
for the petitioner. Heard the learned counsel for the respondents.
4. A careful perusal of the record, this Court does not find any
perversity in the order passed by the courts below. Further, it is a well
settled proposition of law, appeal against acquittal or revision against
acquittal unless there is a compelled circumstances to interfere with
judgment of the Courts below, either of the appellate court or the revision
court cannot interfere with the judgment of the acquittal and in this case,
the petitioner filed the private complaint against the respondents before the
learned Magistrate, Thenkanikottai under section 200 Cr.P.C., and the
learned Magistrate taken the complaint on file in C.C.No.79 of 2003 and
before the Magistrate, on the side of the petitioner, four witnesses were
examined and no document was produced. Though the learned Magistrate
considering the oral evidence adduced by the petitioner, dismissed the
complaint that the petitioner has not proved his case against the
respondents and there is no prima facie case is made out. Since, the
petitioner has not proved his case beyond reasonable doubt against the
respondent, therefore dismissed the complaint filed by the petitioner. The
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CRL.R.C.No.1468 of 2019
appellate court is the fact finding court also re-appreciated the entire
evidence and found that the respondents are not found guilty for the
alleged offence.
5. On a reading of the entire materials and the judgments of both the
Courts below, this Court does not find any compelled circumstances to
interfere with the judgment of acquittal recorded by the courts below.
Therefore, this Court does not find any merit in the Revision and the same
is liable to be dismissed. Accordingly, the Revision Case is dismissed.
25.08.2021
Index: Yes/No
Internet: Yes/No
mfa
P.VELMURUGAN, J.
http://www.judis.nic.in
CRL.R.C.No.1468 of 2019
mfa
To
1. The Principal Sessions Judge,
Principal Sessions Court,
Krishnagiri.
2. The District Munsif cum Judicial Magistrate,
District Munsif cum Judicial Magistrate Court,
Denkanikottai.
CRL.R.C.No.1468 of 2019
25.08.2021
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