VELUCHAMY GOUNDER Vs. CHINNASWAMY

JUDGEMENT

(1.) THE above S. Rs. have been preferred by P. W. 1, to be admitted as appeal under Section 417 (3), Criminal P. C. , against the judgment of acquittal in C. C. 1992 of 1968 on the file of the Sub-Magistrate, Dindigul. The office felt a doubt whether those S. Rs. could be admitted as appeal. Hence, they are posted before me fox orders.

(2.) THE learned Counsel, Sri Santhanam, who filed these S. Rs. submitted that the report filed by the police officer on a direction given by the Magistrate after taking cognisance of the private complaint filed under Section 190 (1), Criminal P. C. must be deemed to be a report under Section 202, Criminal P. C. and that, therefore, the acquittal of the respondent must be deemed to be on the private complaint filed by the complainant and hence the provisions under Section 417 (3), Criminal P. C. alone will apply and that these S. Rs. should be admitted as appeal.

(3.) IT is necessary to note briefly as to what happened in the cage before the trial court, as seen from the records. P. W. 1 filed a private complaint against the respondents under Section 379, I. P. C. before the Sub-Magistrate, Dindigul. The Sub-Magistrate, Dindigul, immediately examined P. W. 1 the complainant on oath under Section 200, Criminal P. C. and thereafter, he referred the complaint to the police for investigation. The police took up investigation under Section 156 (3), Criminal P. C. and submitted a report under Section 173, Criminal P. C. Process was issued to the respondents after the report was submitted by the police and the case proceeded on the police report and the copies of the statements of witnesses and other records were furnished to the respondents under Section 173 (4) Criminal P. C. They were ultimately acquitted.