Dismissed

V.Palanisamy v. R.Velliangiri

Madras HC19 Sept 2023CRL A/432/2023

Case brief

AI extract

What is this about?

Crl.A.No.432 filled against a 2019 acquittal in CC.No.126/2008 for offences under IPC 147, 447, 427, 506(ii), and 379. No appellant appeared. The respondent submitted that the parties executed a sale deed in Jan 2023, making further adjudication unnecessary.

What did the court decide?

The Criminal Appeal is dismissed based on the joint execution of a Sale Deed dated 18.01.2023 by the parties, leaving nothing for further adjudication.

V.Palanisamy Vs R.Velliangiri — Madras HC (2023) — LawSathi Research

¶1

Crl.A.No.432 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 19.09.2023

¶4

CORAM :

¶5

THE HONOURABLE MRS. JUSTICE R.HEMALATHA

¶6

Crl.A.No.432 of 2023

¶7

V.Palanisamy ...Appellant

¶8

Vs.

¶9

R.Velliangiri ...Respondent

¶10

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

¶11

J U D G M E N T

¶12

The present Criminal Appeal is filed against the Judgment and

¶13

Orders dated 28.06.2019 made in C.C.No.126/2008 on the file of the Judicial Magistrate No.I, Avinashi.

¶14

The appellant filed a private complaint under Section 200

¶15

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

¶16

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

¶17

1/4

¶18

Crl.A.No.432 of 2023

¶19

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.

¶20

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.,

¶21

2/4

¶22

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

¶23

Crl.A.No.432 of 2023

¶24

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.

¶25

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

¶26

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.

¶27

19.09.2023

¶28

vum Index : yes/no Speaking /Non speaking Order

¶29

R.HEMALATHA, J.

¶30

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

3/4

Crl.A.No.432 of 2023

vum

The Judicial Magistrate No.I, Avinashi.

¶36

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

¶37

Crl.A.No.432 of 2023

¶38

19.09.2023

¶39

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

¶40

4/4

V.Palanisamy v. R.Velliangiri

Case brief

What is this about?

What did the court decide?

V.Palanisamy v. R.Velliangiri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Soniya Vs P.Rajendran

S.Sivakumar Vs State Rep by

[email protected] Vs State Rep.by

Chinnathambi Vs Deputy Superintendent of Police

D.Ramdass Vs v.Rajendiran

Rajesh Vs Vijayakumari