Madras High Court
A.Saravanan vs State By on 29 November, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1867 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1867 of 2023
A.Saravanan ... Petitioner
Vs.
1.State by
The Inspector of Police,
M.4, Redhills Police Station,
Tiruvallur.
(Cr.No.262/2018).
2.M.Chandru
3.A.Muthu
4.A.Kumaran
5.A.Arumugam ... Respondents
Prayer: Criminal Revision Petition filed under Sections 397 r/w. 401 of
Criminal Procedure Code, to set aside the order dated 21.03.2023 in
Crl.M.P.No.4073/2022 in Crl.A.SR.No.4434 of 2022 passed by the learned
Principal Sessions Court, Thiruvallur.
For Petitioner : Mr.D.Ashokkumar
For R1 : Mr.A.Damodaran,
Additional Public Prosecutor
For R2 : No Appearance
Page No.1 of 6
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Crl.R.C.No.1867 of 2023
ORDER
This Criminal Revision Case has been filed to set aside the order,
dated 21.03.2023 in Crl.M.P.No.4073 of 2022 in Crl.Appeal SR.No.4434 of
2022 passed by the learned Principal District and Sessions Judge,
Tiruvallur.
2.The learned counsel for the petitioner submitted that the
petitioner/defacto complainant lodged a complaint to the 1st respondent and
a case in Crime No.262 of 2018 was registered, on completion of
investigation, charge sheet filed against the respondents 2 to 5 for offence
under Sections 294(b), 323, 324 and 506(i) of IPC. During trial, seven
witnesses examined as PW1 to PW7 and twelve documents marked as
Exs.P1 to P12. The learned Judicial Magistrate No.II, Ponneri (trial Court)
without proper appreciation of the evidence and materials produced had
acquitted the respondents 2 to 5 by judgment, dated 01.02.2022. The
learned counsel further submitted that the petitioner was not informed about
the said acquittal, later, the petitioner came to know that the judgment of
acquittal passed on 01.02.2022. Hence, the petitioner filed an appeal before
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the learned Principal District and Sessions Judge, Tiruvallur (lower
appellate Court) under Section 372 Cr.P.C., with delay of 207 days. The
lower appellate Court dismissed the condone delay petition holding that the
petitioner could not get the judgment copy in time and unable to engage a
counsel to file an appeal are not proper. Assailing these points, the learned
counsel prays for setting aside the impugned order.
3.The learned Additional Public Prosecutor appearing for the 1st
respondent Police submitted that the petitioner being the victim/injured
person has got every right to file an appeal and there is an Amendment in
Code of Criminal Procedure in the year 2009. The reason given by the
victim appears to be proper. Hence, the victim's right of filing the appeal
cannot be curtailed.
4.After the notice of this Court, the respondents 2 to 5 engaged a
counsel Mr.J.Janarthanan, who appeared before this Court and his name
printed in the cause list, but not appeared today.
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5.Considering the submissions and on perusal of the materials, it is
not the case that the petitioner/victim was present on the day of judgment or
he was informed about the judgment of acquittal. The petitioner/victim was
examined as PW1 before the trial Court on 26.09.2019, thereafter, the other
private persons examined in the year 2019, finally the Investigating Officer
examined on 25.08.2021. After the examination of the petitioner as PW1,
he was not aware about the progress of the case. In all fairness, the 1 st
respondent Police ought to have informed the petitioner about the status of
the case, but it had not been done so. Such being the position, expecting the
petitioner to follow the case and know about the date of the judgment
cannot be reasonable.
6.In view of the same, the delay of 207 days is hereby condoned. The
lower appellate Court is directed to take the appeal on file if it is otherwise
in order.
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7.In the result, this Criminal Revision Case is allowed setting aside
the impugned order, dated 21.03.2023 in Crl.M.P.No.4073 of 2022 in
Crl.A.SR.No.4434 of 2022 passed by the learned Principal District and
Sessions Judge, Tiruvallur.
29.11.2023
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
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To
1.The Principal District and Sessions Court,
Tiruvallur.
2.The Inspector of Police,
M.4, Redhills Police Station,
Tiruvallur.
3.The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
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29.11.2023
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