Madras High Court
Unknown vs Tr.K.Boominathan on 5 June, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.O.P.No.6705 of 2025
and Crl.A.SR.No.7313 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.O.P.No.6705 of 2025
and Crl.A.SR.No.7313 of 2025
State of Tamilnadu Rep by,
The Inspector of Police,
Vigilance and Anti Corruption,
Nagapattinam.
(Crime No.01 of 2018). .. Petitioner
Versus
Tr.K.Boominathan .. Respondent
Prayer : Criminal Original Petition filed under Section 378(3) of Cr.P.C., to
grant leave to file an appeal to this Court against the acquittal judgment
passed in the learned Chief Judicial Magistrate at Thiruvarur in
Spl.C.C.No.01 of 2019, dated 28.10.2024.
For Petitioner : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
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Crl.O.P.No.6705 of 2025
and Crl.A.SR.No.7313 of 2025
For Respondent : Mr.K.Suresh
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Crl.O.P.No.6705 of 2025
and Crl.A.SR.No.7313 of 2025
ORDER
This Criminal Original Petition is filed by the prosecution as against
the judgment, dated 28.10.2024 in Spl.C.C.No.1 of 2019 on the file of the
learned Chief Judicial Magistrate at Thriuvarur, whereby, acquitting the
respondent.
2. It can be seen that when the application for leave came up for
hearing, a detailed order was passed on 27.03.2025 seeking the explanation
of the learned Government Advocate (Crl. Side) regarding certain facts.
3. Today, when the matter is taken up for hearing, the learned
Additional Public Prosecutor would submit that the de facto complainant is
the son-in-law, who had lodged the complaint. Merely because the
document patta is uploaded online, it cannot be said that the demand could
not have been made at all. He would further submit that the law has been
settled that even if the de facto complainant turns hostile, if there is other
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material enough to point out the guilt of the accused, the Court can still
consider the same. He would submit that only on the ground of
contradiction, a finding is entered by the Trial Court to acquit the accused.
3. Per contra, the learned Counsel for the respondent would submit
that when the patta itself is available in public domain having uploaded on
the internet, there is no occasion at all for the respondent to have made a
demand and the said facts itself would clinchingly show that the prosecution
case is doubtful. He would further submit that the very demand itself is
doubted by the Trial Court and when there is absolutely no case that is made
out by the prosecution, the leave need not be granted and the Original
Petition can be rejected. He would further submit that P.W.2 was also not
treated as hostile and cross-examined by the prosecution. Therefore, he
would submit that there is nothing for this Court to entertain the matter.
4. I have considered the rival submissions made on either side and
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perused the material records of the case.
5. The question whether the Village Administrative Officer would
have still made the demand inspite of the fact that already, the mutation is
effected online, is a matter of fact to be considered in detail at the time of
hearing the appeal. When the prosecution has filed the appeal stating that
there are other materials on record, this Court has to examine the materials
prima facie and when the acquittal is made only on the findings of
contradiction, this has to be considered by this Court.
6. In view thereof, I am of the view that in this case, leave can be
granted. Accordingly, this Criminal Original Petition stands allowed.
05.06.2025
Neutral Citation: no
grs
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Note:- Registry is directed to number the appeal
in Crl.A.SR.No.7313 of 2025, if it is otherwise in order.
To
1. The Chief Judicial Magistrate,
Thiruvarur.
2. The Public Prosecutor,
High Court of Madras.
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D.BHARATHA CHAKRAVARTHY, J.
grs
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05.06.2025
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