Piyarejan vs K.Dharma Rajan on 23 October, 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23.10.2017

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

CRL.R.C(MD) No.793 of 2008

Piyarejan … Petitioner/PW.1

-vs-

1.K.Dharma Rajan … Respondent/Accused

2.State by Sub Inspector of Police,
Thanjavur Town West Police Station,
Thanjavur.
(in Cr.No.586 of 1996) … Respondent / Complainant

PRAYER: Criminal Revision Petition is filed, under Section 397 and 401
Cr.P.C., to call for the records and set aside the order dated 30.06.2008 on
the file of the First Additional Sessions Judge (P.C.R) Court, Thanjavur in
C.A.50 of 2007.

!For Petitioner : No appearance

^For R-2 : Mr.C.Mayil Vahana Rajendran
Additional Public Prosecutor

:ORDER

The petitioner is the defacto complainant/P.W.1 in C.C.No.1044 of 1996
tried by the Judicial Magistrate No.I, Thanjavur against the first
respondent/accused for the offence under
Section 406 IPC.

2. After trial, the first respondent was found guilty and convicted and
sentenced to pay a fine of Rs.2,000/- and in default to under go three months
Simple Imprisonment and till the raising of the Court by order dated
27.02.2007. Against the said conviction and sentence the first respondent
preferred an appeal before the Principal Sessions Judge, Thanjavur in
C.A.No.15 of 2007, which was transferred to the First Additional Sessions
Judge (P.C.R), Thanjavur. The appellate Court by order dated 30.06.2008,
acquitted the first respondent. Aggrieved against the order of acquittal the
revision petitioner has preferred this revision. Though several
opportunities have been given the counsel for the petitioner is not present.

3. This Court, in view, of the continued absence of the counsel for the
petitioner finds that the petitioner is not interested in prosecuting the
revision and has no other option except to dismiss the revision for non-
prosecution. In the result, this Criminal Revision Case is dismissed for
non-prosecution.

To:

1. First Additional Sessions Judge (P.C.R) Court, Thanjavur.

2.The Sub-Inspector of Police,
Thanjavur Town West Police Station,
Thanjavur..

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