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2006 Supreme(SC) 562

S.B.SINHA, P.P.NAOLEKAR
POPULAR MUTHIAH – Appellant
Versus
STATE REPRESENTED BY INSPECTOR OF POLICE – Respondent


Advocates:
ABHAY KUMAR, M.N.Rao, P.R.KOVILAN, P.RAMESH KUMAR, PRASHANTA VENKATESH, RAJEEV DHAVAN, RAKESH K.SHARMA, SUBRAMONIUM PRASAD

S. B. SINHA, J.

( 1 ) WHETHER inherent jurisdiction of the High Court is available while dealing with a Criminal Appeal filed by an accused is the principal question involved in this appeal which arises out of a judgment and order dated 18/4/2002 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 696 of 1997.

( 2 ) THE appellants before us were not parties to the said Criminal Appeal. The prosecution case relates to an incidence which took place on 13/3/1992 resulting in death of one Chandran. On 13/3/1992, the brother of Nallakannu @ Muthu was said to have fatally been attacked in Maruthur Village. A case was registered against PW3, the brother of PW1, Arasappan, father of PW1, Vanumamali, brother-in-law of PW3, Raja, son of PW3, Raj son of PW1's sister Ganambal and George (deceased) son of the PW1's sister Ganambal. They were arrested and released on bail subject to certain conditions. PW1 and her relatives after the said incident allegedly shifted to another village Palayamkottai. The father-in-law of PW1 was a homoeopathic doctor. He was having a medical shop. He was also having a hotel commonly known as 'hare Krishna" hotel. The medical































































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