P P BHASKARAN Vs. NELSON C L

JUDGEMENT

(1.) This Criminal Appeal has been filed by the petitioner/defacto complainant challenging the order of acquittal passed by the Judicial Magistrate (Subordinate Judge), Mahe, in S.T.R.No.719 of 2006 dated 31.08.2010.

(2.) Earlier, the Full Bench of this Court in a decision in S.GANAPATHY Vs. N.SENTHILVEL, (2016) 4 CTC 119, considered the right of the victim who has prosecuted the accused by way of private complaint, and also the right of complainant in a private complaint, who is not a victim to file an appeal under Section 372 Cr.P.C against the order of acquittal. The Full Bench after considering the scope of the proviso to Sections 372 and 378 Cr.P.C. has held as follows:-

(3.) Following the Full Bench Judgment of this Court, a single Judge of this Court(S.NAGAMUTHU.J), in D.PRABHU Vs. R.MANIKANDAN,2016 3 MadWN(Cri) 169, has held as follows:-