E.Mathivanan vs T.G.Shivarajan
2022 Latest Caselaw 14732 Mad

Citation : 2022 Latest Caselaw 14732 Mad
Judgement Date : 23 August, 2022

Madras High Court

E.Mathivanan vs T.G.Shivarajan on 23 August, 2022

                                                                                            Crl.R.C.No.142 of 2020

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 23.08.2022

                                                               CORAM :

                    THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                        Crl.R.C.No.142 of 2020

                 E.Mathivanan                                                           ... Petitioner

                                                                 Versus

                 T.G.Shivarajan                                                         ... Respondent

                        Criminal Revision Case filed under Section 397 (1) of Cr.P.C, to set
                 aside the Judgment passed in C.A.No.12 of 2018, dated 11.12.2019 by the
                 II-Additional District and Sessions Judge, Vellore at Ranipet reversing the
                 Judgment passed in C.C.No.85 of 2011, dated 09.05.2014, by the Judicial
                 Magistrate No.II, Walajapet, Vellore District and acquit the appellant.

                          For Petitioner            :         Mr.G.Mohana Krishnan

                          For Respondent            :         Mr.R.Rajasekaran

                                                              ORDER

This case is covered by the Full Bench Judgment of this Court in

K.Rajalingam Vs. Suganthalakshmi1. By virtue of the same, this Court

passed an order on the last occasion, so as to enable the

respondent/complainant to file an application for transposing himself as the

appellant. But, however, today, when the matter came up for hearing, no

representation for the respondent/complainant. The transpose application is 1 2020 SCC https://www.mhc.tn.gov.in/judis Online MAD 1052

Crl.R.C.No.142 of 2020

not filed.

2.The learned Counsel for the petitioner would submit that the

petitioner in this case, E.Mathivanan, has since passed away, therefore, in

view of the same, the Full Bench Judgment of this Court, the Lower

Appellate Court Judgment in C.A.No.12 of 2018 has to be ignored as “void