Decided on February 03,1970

K.S. Ranganathan Appellant
Rangaswami Alias Chinnappan Muthiriar And Others Respondents


K.N.Mudaliar, J. - (1.) THE complainant is the Petitioner. He seeks to revise an order of the learned Sub -Magistrate upholding that the trial of the Respondents -accused was barred under Section 403 Code of Criminal Procedure.
(2.) BRIEFLY the facts are: In C.C. No. 1989 of 1966 on the file of the Sub -Magistrate, Kulitalal, the Petitioner prayed for an endorsement of the complaint to the Inspector of Police Kulitalal, under Section 202 Code of Criminal Procedure. He did not seek any relief from the court. But the learned Sub -Magistrate took the case on file under Section 447, I. P. C. and ordered issue of summons to the Respondent -accused returnable on 8th November, 1966. On 8th November, 1966, the Petitioner gave a petition praying for permission for withdrawing the complaint with liberty to take separate proceedings subsequently. The permission was granted and the Respondent who did not appear before the court were acquitted under Section 248 Code of Criminal Procedure. On the next day the Petitioner gave a complaint for registration by the police. The police filed charge sheet on 27th June, 1967. The case is C.C No. 999 of 1967, before the Sub Magistrate Kulitalal. Subsequently the fifth Respondent filed an application Cri. M. P. No. 680 of 1967 with a prayer that the case may be transferred to the file of the learned Sub -Magistrate No. 3 Tiruchirapalli. Ultimately, the Sub -Magistrate, No. 3, Thiruchi -rapalli, held that the Respondents -accused 1, accused 4 to 6 were entitled to the benefit of the rule of autre fois acquit and they were acquitted under Section 403 Code of Criminal Procedure.
(3.) THE complainent -Petitioner is aggrieved by this order and he seeks to revise the said order before this Court.;

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