GURUNATHAN Vs. KUMARESAN

JUDGEMENT

(1.) THE petitioner herein was examined as P.W.1 in C.C.No.3 of 2006. THE respondents 1 to 5 herein were the accused facing charges for the offences under Sections 147, 148, 294(b), 323, 325 and 506(ii) I.P.C. THE respondents 1 to 5 were acquitted by the learned Judicial Magistrate, Kallakurichi. Against the said acquittal, the petitioner herein had preferred a Criminal Revision Petition No.28 of 2008 before the learned Additional District and Sessions Judge, Fast Track Court, Kallakurichi, and the same was dismissed by the learned Sessions Judge. Against the said order of dismissal, the petitioner had preferred this criminal original petition before this Court.

(2.) THE learned counsel for the petitioner submits that both the Courts below not appreciated the evidence of P.Ws.1 to 10 and acquitted the accused on the basis of minor contradictions in the evidence of witnesses.

(3.) THE petitioner having already chosen to file the revision before the Sessions Court, challenging the order or finding or sentence, it is not permissible to the petitioner to prefer further application before the High Court challenging the same, since it is barred under Section 397(3) Cr.P.C., which is as follows:-