Sivaraj, S/o Aruchamy Gounder vs M.Paulmani, S/o Muthusamy Gounder

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 2242

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
Sivaraj, S/o Aruchamy Gounder – Appellant
Versus
M.Paulmani, S/o Muthusamy Gounder – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Mohideen Pitchai
For the Respondents: Mr.C.Vigneshwaran

JUDGMENT :

This Criminal Appeal is filed against the judgment of acquittal dated 31.10.2017 passed in C.C.No.254 of 2010 on the file of the Judicial Magistrate No.II, Tiruppur.

2. The appellant has filed complaint against the respondents before the Judicial Magistrate No.2, Tiruppur, for the offences under Sections 403, 406, 409, 417 , 420 and 468 IPC . The learned Magistrate has taken cognizance of the complaint in C.C.No.254 of 2010. In the said C.C., the respondents/accused have filed Crl.O.P.No.19572 of 2016 before this Court to quash the said C.C. This Court, by order dated 04.11.2016, quashed the complaint for the charge under Section 411 IPC alone and the accused faced the trial for the offences under Sections 409 read with Section 109 IPC also. Subsequently, the learned Magistrate, after trial, dismissed the complaint filed by the appellant herein and acquitted the respondents and therefore, the complainant has filed the present appeal.

3. Learned counsel for the appellant/complainant submitted that A1 and A2 being the son and daughter of the paternal aunt of the appellant, are very close relatives and that one of the main reason given by the trial Court for acquitting the res