M.Manivasagan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.Nos.115 to 117 of 2019 M. Manivasagan ..Petitioner in Crl.R.C.No.115/2019 Selva Prakash ..Petitioner in Crl.R.C.No.116/2019 Babu Shankar ..Petitioner in Crl.R.C.No.117/2019 Vs State Rep By Inspector of Police Central Crime Branch Salem ..Respondents in all Crl.RCs.

PRAYER:

Criminal Revision Cases have been filed under Article 397 read with 401 of Criminal Procedure Code to set aside the order dated 19.11.2018 in Crl.M.P.Nos.5530 of 2018, 5531 of 2018 and 5534 of 2018 in Crime No.02 of 2018 passed by the Judicial Magistrate No.V, Salem.

For Petitioners in all Crl.RCs: Mr.B. NambiSelvan For Respondents in all Crl.RCs: Mr.R.Ravichandran Government Advocate (Crl.Side) C O M M O N O R D E R These Criminal Revision petitions have been filed to set aside the orders in Crl.M.P.Nos.5530 of 2018, 5531 of 2018 and 5534 of 2018 dated19.11.2018 in Crime No.02 of 2018 passed by the Judicial Magistrate No.V, Salem.

2. The main contention of the counsel appearing for the Revision petitioners in all Revision petitions is that the trial Court has dismissed the above said Criminal Miscellaneous Petitions on the ground that the investigation has not completed and Charge Sheet also not filed.

3. The learned Government Advocate (Crl.Side) would submit that subsequently, investigation has been completed and charge sheet has been filed and the same was taken on file in C.C.No.52 of 2019, on the file of the learned Judicial Magistrate-V, Salem. Therefore, this Criminal Revision Cases are dismissed.

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

4. On perusal of the available records, it appears that due to non-completion of investigation and non-filing of charge sheet, the trial Court dismissed the Criminal Miscellaneous Petitions. Therefore, the petitioners are at liberty to file fresh applications by mentioning the change of circumstances and in case, the petitioners file fresh applications, the concerned Magistrate is directed to consider the matter and dispose the petitions in accordance with law.

4. With these observations, the Criminal Revision Petitions are disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vrn/rli To 1.The Chief Judicial Magistrate Court, Salem 2.The Judicial Magistrate No.V Court, Salem.

3.The Public Prosecutor, High Court of Madras, Chennai.

4.The Inspector of Police, Central Crime Branch, Salem.

+3ccs to Mr.B.Nambiselvan, Advocate, S.R.No.10596 to 10598 Crl.R.C.Nos.115 to 117 of 2019 RSK(CO) rrs 22/02/2019 https://hcservices.ecourts.gov.in/hcservices/