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B. SUDERSHAN REDDY, SURINDER SINGH NIJJAR
A. N. Santhanam – Appellant
Versus
K. Elangovan – Respondent
ORDER :
1. The respondent in this appeal filed complaint against the appellant herein for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Judicial Magistrate, Tambaram dismissed the complaint after recording the statement of the complainant and as well as five witnesses.
2. Being aggrieved by the dismissal of the complaint, the respondent herein had filed Criminal Revision Case No. 1045 of 2003 in the High Court of Madras. The High Court, upon appreciation of material available on record, found that the complaint filed by the respondent and the statements of the witnesses clearly make out a case against the appellant for the offence punishable under Section 3(1)(x) of the said Act and accordingly, allowed the revision duly setting aside the order passed by the Magistrate dismissing the complaint.
3. Be it noted, the Criminal Revision Case filed by the respondent was heard and disposed of without any notice whatsoever to the appellant.
4. Learned counsel for the appellant raised a short question that the High Court committed an error in disposing of the Criminal Revision without any notice to the
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