The High Court of Madras disposed of a criminal appeal against an acquittal under Section 378 Cr.P.C. Relying on S. Ganapathy, it held that hearing the accused for special leave is unnecessary, directing remittal of papers to the Sessions Judge for disposal.
Papers remitted to Sessions Judge; complainant directed to appear for arguments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2017
CORAM :
THE HONOURABLE MR. JUSTICE P.N. PRAKASH
Crl.A.No.68 of 2016
M.Mariadass .. Appellant/Complainant
.. Vs ..
K.C.Sridharan .. Respondent/Accused
Criminal Appeal filed under Section 378 of the Code of Criminal Procedure against the judgment dated 08.01.2016 passed by the learned Judicial Magistrate, Fast Track Court Magisterial Level, Thiruthuraipoondi in S.T.C.No.31 of 2015 and acquitting the accused/respondent.
For Appellant : Mr.K.M.Subramahmaniam - - - - - JUDGMENT
For the sake of convenience, the appellant and the respondent
will be referred to as the complainant and the accused.
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Fast Track Court, Magisterial Level, Thiruthuraipoondi, by order dated 08.01.2016, acquitted the accused. Aggrieved by the said order of acquittal, the complainant has preferred the present appeal.
is trite law that for grant of Special Leave under Section 378(4) Cr.P.C., it is not necessary for this Court to hear the accused, since the accused will have to be heard in the main appeal.
S. Ganapathy vs N. Senthilvel [ (2016) 3 MLJ (Crl) 641 (FB)] , the
Registry is directed to transmit all the papers relating to this case to
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the learned Principal District and Sessions Judge, Thiruthuraipoondi within a period of four weeks from the date of receipt of a copy of this judgment, after taking photocopy of the papers on file.
6. The complainant is directed to appear before the learned
Principal District and Sessions Judge, Thiruthuraipoondi on 14.12.2017
at 10.30 a.m.
With the above direction, this Criminal Appeal is disposed of.
14.11.2017
smi
Index : Yes/No
Internet : Yes
To
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P.N. PRAKASH, J.
smi
Crl.A.No.68 of 2016
14.11.2017
1 issue framed by the court
Whether the accused in a criminal appeal needs to be heard for grant of special leave prior to the main appeal.
Colour shows how this judgement treated each authority
S. Ganapathy vs N. SenthilvelFollowed¶19
S. Ganapathy vs N. Senthilvel [ (2016) 3 MLJ (Crl) 641 (FB) ]
1 provisions across 1 enactments
M.Mariadass
K.C.Sridharan
P.N. PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
