Madras High Court
K.Murthy vs State Rep. By Inspector Of Police on 7 September, 2023
Crl.R.C.No.405 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.R.C.No.405 of 2020
K.Murthy .. Petitioner
Versus
1. State rep. by Inspector of Police,
Gingee Police Station,
Gingee, Villupuram.
(Crime No.616 of 2006)
2. K.S.Masthan
3. Dhasthagir
4. Jahangir
5. Nazeer Ali
6. Soda Basha .. Respondents
Prayer : Criminal Revision Case filed under Section 397 r/w 401 of the
Code of Criminal Procedure, to call for the records pertaining to the order in
Cr.M.P.5369 of 2019 in Cr.M.P.No.1680 of 2019, dated 03.01.2020 passed
by the learned Principal Sessions Judge, Villupuram and set aside the same.
For Petitioner : Mr.K.Moorthy, Party-in-person
For Respondents : Mr.M.Babumuthumeeran,
Additional Public Prosecutor,
for R1
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Crl.R.C.No.405 of 2020
: Mr.M.Gnanasekar, RR-2, 4 to 6
: R3 - Died
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Crl.R.C.No.405 of 2020
ORDER
This petition has been filed challenging the order passed by the Court
below in Crl.M.P.No.5369 of 2019 dismissing the application filed by the
petitioner to restore Crl.M.P.No.1680 of 2019 by order, dated 03.01.2020.
2. Heard the petitioner who appeared in person,
Mr.M.Babumuthurmeeran, learned Additional Public Prosecutor and
Mr.M.Gnanasekar, learned Counsel for the respondents 2, 4 to 6.
3. The petitioner gave a complaint against the accused persons on the
ground that he was assaulted by the accused persons and was prevented
from contesting as a Counsellor of the Gingee Municipality. This complaint
resulted in a Final Report which was taken on file in C.C.No.500 of 2006.
After trial, the case ended in acquittal by judgment, dated 18.02.2016.
4. The petitioner filed a Criminal Appeal against the acquittal of the
accused persons and there was a delay of 1048 days in filing the appeal.
Hence, the petitioner filed an application to condone the delay in
C.M.P.No.1680 of 2019. This petition was dismissed for default on
16.07.2019.
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Crl.R.C.No.405 of 2020
5. The petitioner filed C.M.P.No.5369 of 2019 to restore
C.M.P.No.1680 of 2019.
6. The Court below took into consideration the exorbitant delay in
filing the Criminal Appeal which was not properly explained by the
petitioner. The Court also took into consideration the conduct of the
petitioner in not prosecuting the petition in Crl.M.P.No.1680 of 2019.
Hence, the Court below dismissed the restoration application by an order,
dated 03.01.2020.
7. This Court does not find any illegality or infirmity in the order
passed by the Court below. The accused persons have been acquitted by the
Trial Court and if really the petitioner was aggrieved, he should have
prosecuted the appeal with more vigilance. The petitioner files the appeal
with exorbitant delay and the condone delay petition is also dismissed for
non-prosecution and it clearly shows that the petitioner was not properly /
vigilantly prosecuting the case. This is an incident which had taken place in
the year 2006 and it is nearly 17 years since the incident took place and it is
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Crl.R.C.No.405 of 2020
nearly 7 years since the judgment was passed by the Trial Court. Therefore,
no useful purpose will be served in reviving the case which has now become
a dead horse.
8. In the light of the above discussion, this Court does not find any
ground to grant the relief sought for by the petitioner and accordingly, this
Criminal Revision Case stands dismissed.
07.09.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The Principal Sessions Judge,
Villupuram.
2. The Inspector of Police,
Gingee Police Station,
Gingee, Villupuram.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.405 of 2020
N.ANAND VENKATESH, J.
grs
Crl.R.C.No.405 of 2020
07.09.2023
https://www.mhc.tn.gov.in/judis
