For the sake of convenience, the petitioner and the respondents will be referred to as the complainant and the accused respectively.
2. The complainant initiated a prosecution in C.C.No.68 of 2012 against the accused for the offence under
Sections 147,148,324,323,341,379,294(b),506(ii) and
149 I.P.C., in which, the Judicial Magistrate, Udagamandalam acquitted the accused by the order dated 21.07.2016 on the ground that the complainant was not diligent in prosecuting the case, aggrieved by which, the complainant has preferred the present appeal with special leave petition.
4. Notice has been served on the accused viz., R.Asokan (A1), K.Ravi @ Dagdi (A2), B.Moorthy @ Bella Moorthy (A4) and Gopal @ Tailor Gopal (A5). The Court Officer called out the names of the accused thrice, but there was no representation for them. However, notice was not served on Amrish (R.3) S/o. R.Asokan.
5. In view of the judgment of a Full Bench of this Court in S. Ganapathy vs N. Senthilvel [(2016) 3 MLJ (Crl) 641 (FB)], the Registry is directed to send the records relating to this case to the Court of the Principal District and Sessions Judge, Udhagamandalam, after taking a photocopy of the records, within a period of four weeks from the date of receipt of a copy of this order.
6. The complainant is directed to appear before the learned Principal District and Sessions Judge, Uthagamandalam on 11.12.2017 at 10.30 a.m. With the above direction, the criminal original petition is disposed of. Consequently, Criminal Appeal SR No.38726 of 2016 is closed.
09-11-2017 Speaking/Non-Speaking Order Index:yes/no To
1. The Principal District and Sessions Judge, Udhagamandalam.
2. The Judicial Magistrate, Udagamandalam.
Crl.O.P.No.20517 of 2016 in Crl.A.No.SR.38726 of 2016