The accused in this case faced trial in S.C.No.140 of 2011 before the Assistant Sessions Judge, Sankari, Salem District for offence under Sections 147, 343, 323, 307 & 386 read with 149 of IPC in which, they were acquitted on 17.01.2014.
2.Aggrieved by the acquittal, the defacto complainant (P.W.1) has filed the present appeal along with the present application for special leave.
3.Heard the learned counsel for the appellant and the learned counsel for the respondent/accused.
4.At the time of hearing, learned counsel for the appellant submitted that the present appeal should have been filed before the Sessions Judge, Salem in view of proviso to
Section 372 read with
Section 374(iii) of Cr.P.C.
5.Learned counsel for the appellant also placed reliance on the unreported judgment of this Court in Murugesan vs. Sankar @ Balasubramani, in Crl.A(MD).No.121 of 2015, dated 27.04.2015, in which, a learned Single Judge of this Court has held in a similar case that the appeal is maintainable only before the Sessions Court and not before the High Court.
6. In such view of the matter, the Registry is directed to take photo copies of the papers and send the original records to the Principal District Sessions Judge, Salem, within a period of two weeks from the date of receipt of copy of this order. The appellant/defacto complainant and the accused are directed to appear before the learned Principal District & Sessions Judge, Salem on 22.12.2017 at 10.30a.m.
7. At this stage, learned counsel for the accused submitted that first accused/Chitra(A1) will be able to appear before the Sessions Court and other accused are aged persons and hence, their presence may be dispensed with. Accepting the submission, the first accused is directed to appear before the Principal District Court, Salem on 22.12.2017 at 10.30a.m. and the other accused shall ensure that they are represented by an advocate.
17.11.2017 Speaking/Non-Speaking Order Index : yes/no smi To
1. The Principal District and Sessions Judge, Salem.
2. The Judicial Magistrate, Salem.
P.N. PRAKASH, J.
smi Crl.A.SR. No.15040 of 2014 & Crl.O.P.No.11376 of 2014 17.11.2017