Senthilnathan, (Age 33) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.176 of 2018 and Crl.M.P.No.1516 of 2018

1. I.Senthilnathan

2. R.Rajamani

3. A.Govindaraj ..Petitioners/Accused 3,4 & 6 Vs.

State Rep.by The Public Prosecutor, EOW II, Unit, Coimbatore.

..Respondent/Complainant PRAYER: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the order dated 13.10.2017 passed in Crl.M.P.No.1288 of 2017 in C.C.No.7 of 2015 on the file of the Special Judge, Special Court under TNPID Act cases, Coimbatore till the disposal of the above criminal revision petition.

For Petitioner : No Appearance For Respondent : Mr.R.Surya Prakash Government Advocate

O R D E R

This Criminal Revision Petition is filed against the order dated 13.10.2017 made in Crl.M.P.No.1288 of 2017 in C.C.No.7 of 2015 on the file of the Special Judge, Speicial Court under TNPID Act cases, Coimbatore.

2. The petitioners herein are A3, A4 and A6 who preferred petition under Rule 17 of Cr.P.C., for splitting of the case against the unsecured accused is A2 who was absconding. However, the petition was dismissed. On the ground that it is not feasible to split up the prosecution to establish the link between the absconding A2 and petitioner herein. Aggrieved against the said rejection, the petitioners have preferred this appeal and by an order dated 15.03.2018, it appears that there was a direction issued to the Inspector of Police to produce the accused A2.

https://hcservices.ecourts.gov.in/hcservices/

3. Today, the learned Public Prosecutor has filed a memo stating that A2 is dead.

4. Taking note of the fact that the only ground raised for splitting up the case that the Investigating Officer had not taken any steps for securing A2, no longer survives, now that A2 is dead and all the remaining accused are available, there is no need to split up the case.

5. Accordingly, criminal revision is disposed of, directing the trial Court to dispose of the C.C.No.7 of 2015 on the file of the Special Judge, Special Court under TNPID Act cases, Coimbatore, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS-ix) //True Copy// Sub Assistant Registrar AT To

1. The Special Judge, Special Court under TNPID Act cases, Coimbatore.

2. The Public Prosecutor, EOW II, Unit, Coimbatore.

+ 1 cc to M/s. B. Nedunchazhiyan, Advocate Sr.35967 Crl.R.C.No.176 of 2018 and Crl.M.P.No.1516 of 2018 cp(CO) EU(12/07/2018) https://hcservices.ecourts.gov.in/hcservices/