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Madras High CourtCRL OP/7138/2013dismissed as infructuous

Geetha Mohan v. The Deputy Superindent Of

2019-12-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.Nos.7138 & 6536 of 2013 and M.P.Nos.1 to 3 & 1 to 3 of 2013 Geetha Mohan ... Petitioner in Crl.O.P.7138/13 N.Srinivasan ... Petitioner in Crl.O.P.6536/13 Vs.

1. The state rep. by The Deputy Superintendent of Police, Economic Offences Wing-II, Admirality Building, Govt. Estate, Chennai - 600 002.

2. M.Viswanathan ... Respondents in both the Ops (R2 impleaded vider order dated 01.10.2018 made in Crl.M.P.Nos.12008 and 12009 of 2018) PRAYER in both the OPs: Criminal Original Petitions filed under Section 482 Cr.P.C. praying to call for the entire records leading to passing of the orders in Crl.R.C.Nos.119 & 113 of 2011 respectively confirming the orders made in Crl.M.P.Nos.3480 & 2913 of 2011 in C.C.No.1970 of 2008 by the learned III Additional Sessions Judge cum III Additional Judge, Chennai, dated 24.09.2012 and set aside the same.

For Petitioners: Mr.M.Kempraj -in both the Ops For Respondents: Mr.R.Ravichandran Govt. Advocate (Crl.Side) for R1 R2 - Notice served-No Appearance - in both the OPs COMMON ORDER The petitioners herein were arrayed as A2 and A3 in C.C.No.1970 of 2008 and the petitioners have filed petitions under Section 239 of Cr.P.C separately seeking discharge and the learned Chief Metropolitan Magistrate, Chennai, dismissed the same against which they have filed revisions before the learned https://hcservices.ecourts.gov.in/hcservices/

II Additional Sessions Judge, Chennai, which were also dismissed. Now these petitions have been filed seeking to set aside the above orders.

When the matter is called for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent police submitted that trial commenced in the main case in C.C.No.1970 of 2008 and L.Ws.1 to 5 were examined. In view of the above submissions, these criminal original petitions are dismissed as infructuous. Consequently connected miscellaneous petitions are closed. However, the learned counsel appearing for the petitioners requested to dispense with the personal appearance of the petitioners and miscellaneous petitions in M.P.Nos.2 & 2 of 2013 have also been filed in the above criminal original petitions seeking the same. Considering the age and medical condition of the petitioners, their appearance before the trial Court is dispensed with and they are directed to appear before the trial Court as and when required.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar cgi To

1. The III Additional Sessions Judge cum III Additional Judge, Chennai.

2. The Chief Metropolitan Magistrate, Egmore, Chennai.

3. The Deputy Superintendent of Police, Economic Offences Wing-II, Admirality Building, Govt. Estate, Chennai - 600 002.

4.The Public Prosecutor, High Court of Madras. +2cc to Mr.M.Kempraj, Advocate, S.R.No. 102573, 102574 Crl.O.P.Nos.7138 & 6536 of 2013 and M.P.Nos.1 to 3 & 1 to 3 of 2013 BR(CO) GN(05/02/2020) https://hcservices.ecourts.gov.in/hcservices/