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1965 Supreme(Mad) 252

SADASIVAM
Municipal Commissioner, Nagercoil – Appellant
Versus
S. Annapakkiyam – Respondent


Advocates:
S. T. Ramalingam for A. Alagiriswami and K. Gopalaswami, for Petitioner

ORDER :- The complainant in S. T. C 579 of 1964 (S. R. No. 30185 of 1965) and S. T. C. 623 of 1964 (S. R. 30183 of 1965) on the file of the Second Class Bench Magistrate seeks to file these criminal revision cases with S. R. 80185 and 30183 of 1965 respectively against the acquittal of the accused in the said cases. The question for consideration in these cases is whether the petitioner can file a criminal revision case against the judgment of acquittal instead of preferring an appeal after obtaining the necessary leave under Section 417, Cri. P. C.

2. The contention of the learned counsel for the petitioner is that he has concurrent remedies of preferring a criminal appeal under Section 417, Cri. P. C. after obtaining the leave of this court and a criminal revision case and that he can choose one or the other of the remedies. He referred to the decision of the Supreme Court in Harihar v. State of West Bengal, AIR 1954 S. C 266, in support of his contention that he is entitled to file a criminal revision case. But the said decision was given prior to the amendment of Section 417 Cri. P C. under which a complainant in a criminal case was given a right to appeal subject to his obtaini







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