JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellants have taken exception to the judgment and order dated 20th December 2018 passed by the learned Single Judge of the High Court of Judicature at Madras. The learned Additional District and Sessions Judge, Salem, had passed an order dated 9th January 2009 granting discharge to the appellants in the exercise of powers under Section 227 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). One Nanjundan, the husband of the deceased Siddammal, challenged the order of the learned Additional District and Sessions Judge by filing a revision application. The High Court, by the impugned judgment and order, has allowed the revision application and has remanded the case to the learned Additional District and Sessions Judge for holding trial. The said Nanjundan died during the pendency of revision application. The respondent is his son.

2. We must advert to a few factual aspects. The respondent’s father Nanjundan had lodged a First Information Report bearing Cr. No. 107 of 2004 (the FIR) alleging the commission of offences under Sections 341, 323 and 302 of the Indian Penal Code against the appellants. The FIR was based on the i