Full bench mm Sundaresh jBarathi Dasan j Ananth Venkadesan j new turn

[2/5, 20:21] Sekarreporter 1: [2/5, 20:21] Sekarreporter 1: [2/5, 20:15] Ap Rajagopal Mhc: To Keep in Abeyance the Complaint Cases pending before Sessions Court against Magistrate Court’s Acquittal, until further Orders by HC : MHC
[2/5, 20:20] Sekarreporter 1: Full court order of MHC judges Mmsundaresh j Barathidasan j Ananth Venkadesh j
[2/5, 20:21] Sekarreporter 1: 3
Therefore, Registry is directed to issue notice to the Advocate
Association, Bar Association, Women Lawyers Association and Law
Association indicating the date of hearing on 25.02.2020.
Post the matter on 25.02.2020 at 2.15 p.m. along with
Crl.O.P.Nos.4648 to 4650 of 2018.
(M.M.S.J.) (V.B.D.J.) (N.A.V.J.)
03.02.2020
mmi
Note: Registry is directed to circulate the order to all the Sessions
Courts and the Principal District Judges.
http://www.judis.nic.in
[2/5, 20:39] Sekarreporter 1: [2/5, 20:35] Sekarreporter 1: 1
Crl.R.C.Nos.494 and 536 of 2019
M.M.SUNDRESH, J.,
V.BHARATHIDASAN, J.
AND
N.ANAND VENKATESH, J.
(Order of the Court was made by M.M.SUNDRESH, J.)
Notice returnable by 25.02.2020. Private notice is also
permitted. Learned counsel appearing for the petitioners are also
permitted to serve notice on the counsel who appeared for the
respondents before the lower Court.
2.Heard the learned counsel appearing for the parties.
3.Apart from the legality of the order passed by the Full Bench in
S.Ganapathy Vs. N.Senthilvel (2016 (4) CTC 119), incidentally,
the issues such as effect of the orders including the judgments
rendered by the Courts of Sessions and the pending matters are also
to be looked into. In fact, the learned single Judge has made a
reference to that effect , which is extracted hereunder:
In the event of the law laid down by the Full
Bench in S.Ganapathy (supra) being overruled, what
impact would such overruling have on the cases http://www.judis.nic.in
[2/5, 20:35] Sekarreporter 1: 2
which have been decided by the Courts of Sessions
during the interregnum?
4.As continuation of the proceedings before the Sessions Courts,
challenging the order of acquittal passed by the Magistrate Courts
would cause further complication and also in cases where the matters
have been transferred from the High Court, pursuant to the order of
the Full Bench to the appropriate Sessions Courts, we deem it
appropriate to issue a general direction to all the Sessions Courts
dealing with the cases pertaining to the orders of acquittal in complaint
cases and matters transferred pursuant to the order of the Full Bench
(referred supra) to keep them in abeyance until further orders to be
passed by us. Further, the Sessions Courts are directed not to
entertain any appeal filed by the complainant against the order of
acquittal as in view of the judgment of the Apex Court in Mallikarjun
Kodagali Vs. State of Karnataka ((2019) 2 SCC 752), prima facie
such an appeal can only be maintainable before this Court under
Section 378(4) Cr.P.C.
5.Considering all the issues involved, we would like to get the
views of the Associations as repercussion would have a large impact.
http://www.judis.nic.in
[2/5, 20:36] Sekarreporter 1: 3
Therefore, Registry is directed to issue notice to the Advocate
Association, Bar Association, Women Lawyers Association and Law
Association indicating the date of hearing on 25.02.2020.
Post the matter on 25.02.2020 at 2.15 p.m. along with
Crl.O.P.Nos.4648 to 4650 of 2018.
(M.M.S.J.) (V.B.D.J.) (N.A.V.J.)
03.02.2020
mmi
Note: Registry is directed to circulate the order to all the Sessions
Courts and the Principal District Judges.
http://www.judis.nic.in

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