Dismissed

K.Ramasamy v. the Inspector of Police

Madras HC19 Dec 2017CRL OP(MD)/16381/2016

Case brief

AI extract

What is this about?

This short order dealt with two concurrent petitions: a criminal appeal against acquittal and an original petition for leave to appeal from a local court. The bench held that leave is not required and the appeal must be filed before the competent Session Court. The Original Petition was dismissed as withdrawn, with time deducted for limitation purposes.

What did the court decide?

Criminal Original Petition dismissed as withdrawn; Criminal Appeal rejected; appeal papers returned to Registry with deduction of period for limitation.

K.Ramasamy Vs the Inspector of Police — Civil Procedure and Limitation | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2017 CORAM:

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THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED

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Crl.O.P.(MD)No.16381 of 2016 in Crl.A.(MD) No.SR15915 of 2016

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K.Ramasamy ... Petitioner /Appellant

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-vs-

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State rep. By Inspector of Police Chinna Dharapuram Police Station In Cr.No.203 of 2013 Karur District.

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Selvi

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Mahesh

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... Respondents/Respondents

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PRAYER (in Crl.O.P.(MD)No.16381 of 2016): This Petition is filed, under Section 372 r/w, 378(5) of the Code of Criminal Procedure to grant leave to file the above Criminal Appeal against the acquittal order in C.C.No.202 of 2013, passed by the Judicial Magistrate Court No.II, Karur, dated 07.03.2016.

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PRAYER (in Crl.A.(MD) No.SR15915 of 2016): This petition is filed, under Section 372 r/w, 378(5) of the Code of Criminal Procedure to set aside the order of acquittal, dated 07.03.2016, passed in C.C.No.202 of 2013, on the file of the Judicial Magistrate Court No.II, Karur.

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For Petitioner : Mr.K.K.Ramakrishnan For Respondents : Mr.T.Mohan for R1 Additional Public Prosecutor Mr.S.Gokulraj for R2 and R3

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O R D E R

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The learned counsel for the petitioner is present. Mr.T.Mohan, learned Additional Public Prosecutor, appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3, are present.

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2. The Criminal Appeal is preferred as against the order of acquittal and the Criminal Original Petition is filed praying to https://hcservices.ecourts.gov.in/hcservices/ grant leave against the order of acquittal, as per amended proviso to Sections 372 R/W, 378(5) of the Code of Criminal

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Procedure, the petitioner has to file the appeal before the concerned Session Court and not before this Court.

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3. In view of the above position, the Criminal Original Petition is dismissed as withdrawn. Consequently, Crl.A.(MD) No.SR15915 of 2016 is rejected.

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4. Registry is directed to return the Appeal papers for filing Appeal before the Competent Court. The period between 01.06.2017 to 06.10.2017 is to be deducted towards limitation in filing Appeal before the proper Court.

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Sd/-

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Assistant Registrar (CS-I)

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/True copy/

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Sub Assistant Registrar To

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The Judicial Magistrate, Judicial Magistrate Court No.II, Karur.

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The Inspector of Police, Chinna Dharapuram Police Station, In Cr.No.203 of 2013, Karur District.

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1 CC TO MR.K.Hariharan, ADVOCATE IN SR No.81800

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- 1 CC TO MR.Mr.S.Gokulraj , ADVOCATE IN SR No.81777 ia

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MK/SV MMS/SAR-1/26.10.2017/2P/5C

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Crl.O.P.(MD)No.16381 of 2016 in Crl.A.(MD) No.SR15915 of 2016 06.10.2017

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https://hcservices.ecourts.gov.in/hcservices/

K.Ramasamy v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Ramasamy v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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