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2012 Supreme(Mad) 1954

K.MOHAN RAM, G.M.AKBAR ALI
S. Balasubramaninan – Appellant
Versus
State of Tamil Nadu rep – Respondent


Advocates Appeared:
For the Appellants :B. Kumar, Sr. Counsel for K.R. Hariharan, K.M. Ramesh, Advocates.
For the Respondent: V.M.R. Rajendran, APP., for R2 & R3 - K.M. Ramesh, Amicus-Curie, B. Sriramulu, Sr. Counsel.

Judgment :-

G.M. AKBAR ALI, J.

1. Criminal Original Petition No.8025 of 2008 and Crl.R.C.Nos.8 and 9 of 2009 came up for hearing before a learned Single Judge of this Court. Criminal Revisions were filed at the instance of the accused in CC No.10403 of 1995 and Crl.O.P. was filed at the instance of the private parties.

2. During the course of hearing, a question arose before the learned Single Judge as to whether the Court of Sessions has got power to entertain a revision for enhancement of sentence. On behalf of the revision petitioners/accused, it was argued that a revision before the Court of Sessions for enhancement of sentence at the instance of a third party was not maintainable. However, the petitioners in Crl.O.P.No.8025 of 2008, who were the witnesses/third parties in the criminal case, had submitted that such revision for enhancement before the Court of Sessions was maintainable and relied on a decision reported in 2002 (2) LW Crl 549 (Janani Advertising Counsel rep by its Proprietor R. Ramanukam vs Benet Colmman and Co Ltd rep by its Assistant Manager C.P.Raghavan) (hereinafter referred to as Janani Advertising Case).

3. After elaborate consideration, the learned Single J






















































































































































































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