Prem Kumar vs State By Represented By
2022 Latest Caselaw 9317 Mad

                                                           1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.05.2022

                                                          CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                               Crl.O.P.No.11622 of 2022

                Prem Kumar                                                                      ... Petitioner

                                                               -Vs-

                State by represented by
                The Inspector of Police,
                Panruti Police Station,
                Cudalur District.
                Crime No.361 of 2018                                                       ... Respondents


                Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C to declare that

                the acquittal of the petitioner in C.C.No.238 of 2019 rendered by the learned Judicial

                Magistrate No.I, Panruti, Cuddalore District on 08.12.2021 as “Hon'ble Acquittal”.



                                              For Petitioner          : M/s.C.Pushparaj

                                              For Respondents         : Mr.E.Raj Thilak
                                                                        Additional Public Prosecutor


                                                         ORDER

This petition has been filed to declare that the acquittal of the petitioner in

C.C.No.238 of 2019 rendered by the learned Judicial Magistrate No.I, Panruti,

Cuddalore District on 08.12.2021 as “Hon'ble Acquittal”.

https://www.mhc.tn.gov.in/judis

2. The Division Bench of this Court in the judgment of C.Surendhar vs. The

Director General of Police, Chennai – 600 004 and others reported in 2019

(6) CTC 465 has categorically held that orders cannot be passed by declaring

Hon'ble Acquittal and a view was taken to the effect that the Code of Criminal

Procedure only uses the word acquittal and the term Hon'ble acquittal is alien to

criminal jurisprudence.

3. In view of the above, the present Criminal Original Petition is not

maintainable and accordingly, the same is dismissed.

                                                                                       18.05.2022

                Index    : Yes/No
                Internet : Yes/No
                ssr

https://www.mhc.tn.gov.in/judis

To

1.The Inspector of Police, Panruti Police Station, Cudalur District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

N.ANAND VENKATESH,J.

ssr

Crl.O.P.No.11622 of 2022

18.05.2022

https://www.mhc.tn.gov.in/judis