Madras High Court
Govindasamy vs State Of Tamil Nadu on 27 January, 2021
Crl.R.C.No.138 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2021
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.R.C.No.138 of 2014
Govindasamy,
S/o. Kuzhanthai Gounder ...Petitioner
Vs.
1. State of Tamil Nadu,
Rep. by the Inspector of Police,
Vaniyambadi Police Station,
Vaniyambadi Taluk,
Vellore District.
(Crime No.9 of 2005)
2. Chandirasekar,
S/o. Rangasamy
3.Ravikumar,
S/o. Rangasamy
4.Murugesan,
S/o. Rangasamy
5.Venkatesan,
S/o. Rangasamy
6.Rangasamy,
S/o. Ayyavu Gounder
1/5
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.138 of 2014
7.Pavunammal,
W/o. Rangasamy ...Respondents
PRAYER: Criminal Original Petition is filed under Section 397 r/w 401
of Criminal Procedure Code to set aside the judgment and Acquittal
dated 09.10.2012, made in C.A.No.5 of 2012, on the file of the
Additional District and Sessions Court No.3, Vellore at Thirupathur
reversing the judgment and Conviction dated 25.08.2011 made in
S.C.No.134 of 2006 on the file of the Assistant Sessions Court,
Vaniyambadi, Vellore District and convict the respondents 2 to 7 herein
and to allow the Criminal Revision Petition.
For Petitioner : Mr.C.S.Vijayakumar (No appearance)
For R-1 : Mr.T.Shunmugarajeswaran,
Government Advocate (Crl.Side)
For RR2 to 7 : Mr.Haroon for
Mr.T.S.Gopalan
*****
ORDER
(The case has been heard through video conference)
The Criminal Revision has been filed by the Petitioner/P.W.1
seeking to set aside the judgment of acquittal dated 09.10.2012 made in
C.A.No.5 of 2012 on the file of the Additional District Sessions Court
NO.3, Vellore, Thirupathur reversing the judgment of conviction and
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Crl.R.C.No.138 of 2014
sentence dated 25.08.2011 made in S.C.No.134 of 2006 by the Assistant
Sessions Court, Vaniyampadi, Vellore District.
2.When the matter was listed on 17.08.2020, there was no
representation for the petitioner and thereby, the matter was directed to
be posted after two weeks and thereafter, when the matter was listed on
07.09.2020 there was no representation for the petitioner and thereby, the
matter was directed to be posted after three weeks. Again when the
matter was listed on 20.01.2021 there was no representation for the
petitioner and thereby, this Court had directed the matter to be listed
under the caption "for dismissal" today i.e., on 27.01.2021.
3. Even today, when the matter was called in the morning,
there was no representation for the petitioner and thereby, this matter was
passed over and again when the matter was taken up at 2.15 p.m., even at
2.15 p.m., there was no representation for the petitioner.
4.The learned counsel appearing for the respondents 2 to 7 is
present before this Court today. He would submit that the Appellate
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Crl.R.C.No.138 of 2014
Court finding that the Trial Court has not properly appreciated the
evidence has allowed the appeal and acquitted all the accused. He would
further submit that the State also not preferred any revision against the
acquittal.
5.The learned Government Advocate (Crl.Side) appearing for
the 1st respondent would submit that the State has not preferred any
revision against the acquittal.
6. Accordingly, this Criminal Revision stands dismissed for
non prosecution.
27.01.2021
ssi
To
1. The Inspector of Police,
Vaniyambadi Police Station,
Vaniyambadi Taluk,
Vellore District.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.138 of 2014
A.D.JAGADISH CHANDIRA, J.
ssi
Crl.R.C.No.138 of 2014
27.01.2021
https://www.mhc.tn.gov.in/judis/
