V.Palanisamy vs R.Velliangiri
2023 Latest Caselaw 12703 Mad

                                                                                Crl.A.No.432 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 19.09.2023

                                                        CORAM :


                                  THE HONOURABLE MRS. JUSTICE R.HEMALATHA

                                                   Crl.A.No.432 of 2023

                     V.Palanisamy                                                ...Appellant
                                                            Vs.
                     R.Velliangiri                                               ...Respondent

                     PRAYER: Criminal Appeal filed under Section 372 of the Criminal
                     Procedure Code, 1973, to set aside the Judgment dated 28.06.2019 made
                     in C.C.No.126/2008 on the file of the Judicial Magistrate No.I, Avinashi.
                                 For Appellant               : No appearance
                                       For Respondent             : Mr.P.Tamilavel


                                                     JUDGMENT

The present Criminal Appeal is filed against the Judgment and

Orders dated 28.06.2019 made in C.C.No.126/2008 on the file of the

Judicial Magistrate No.I, Avinashi.

2. The appellant filed a private complaint under Section 200

Cr.P.C., against the respondent herein for the offences punishable under

Sections 147, 447, 427, 506 (ii) and 379 I.P.C., before the Judicial

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

Crl.A.No.432 of 2023

Magistrate I, Avinashi in C.C.No.126/2008. The learned Judicial

Magistrate, after recording the statement of two witnesses including the

complainant, took cognizance of the offence and issued summons to the

accused. He also framed charges for the offences punishable under

Sections 147, 447, 427, 506 (ii) and 379 I.P.C. against the accused after

furnishing copies of records to them under Section 207 Cr.P.C., and also

after analysing the evidence on record.

3. The case of the appellant / complainant is that he is the owner of

the land in Survey No.425/2B, Thekkalur Village, Avinashi Taluk

measuring half share of 3.13 acres out of the larger extent of 6.36 acres.

On 12.09.2005 morning, the respondent/accused along with his

henchmen came over to the land of the appellant and started cutting the

Neam Trees and other trees in the land. When the complainant

confronted him, the accused threatened the former with dire

consequences. Therefore, the appellant lodged a complaint with the

Inspector of Police, Avinashi Police Station, on 12.09.2005. Since the

Police did not take any action against the accused, he filed a private

complaint before the Judicial Magistrate I, Avinashi under Section 200

Cr.P.C., https://www.mhc.tn.gov.in/judis

Crl.A.No.432 of 2023

4. When the accused was questioned with regard to the

incriminating circumstances appearing in evidence against him under

Section 313 Cr.P.C., he denied of having committed any offence. The

learned Judicial Magistrate after analysing the evidence on record

acquitted the accused and found him not guilty for the offences

punishable under Sections 147, 447, 427, 506 (ii) and 379 I.P.C.,

Aggrieved over the same, the present revision is filed.

5. When the matter is taken up for hearing today, there was no

representation for the appellant.

6. The learned counsel for the respondent contended that

subsequent to the filing of the present appeal, the appellant/complainant

and the respondent/accused jointly executed a Sale Deed, dated

18.01.2023 in respect of the subject property in favour of M/s.Exel

Sourcing Company vide Document No.669/2023 and in view of the

same, nothing survives for further adjudication in this case. Accordingly,

the Criminal Appeal is dismissed.

19.09.2023 vum Index : yes/no Speaking /Non speaking Order R.HEMALATHA, J.

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

Crl.A.No.432 of 2023

vum To

1. The Judicial Magistrate No.I, Avinashi.

2. The Section Officer, Criminal Section, High Court, Madras.

Crl.A.No.432 of 2023

19.09.2023

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