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The Madras High Court has ruled that a challenge to an acquittal order passed by a Magistrate Court in a private criminal complaint must be moved before the High Court under Section 378 (4) of the Code of Criminal Procedure (CrPC). (K Rajalingam and ors v. R Suganthaalakshmi and ors. - Madras High Court FB Judgment)
The Full Bench of Justices MM Sundresh, V Bharathidasan and Anand Venkatesh passed the ruling while holding that the contrary ruling of another Full Bench of the High Court in S.Ganapathy v. N.Senthilvel was per-incuriam.