Madras High CourtCRL RC/462/2020dismissed as infructuous

Lakshmi v. State Rep By

2023-01-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.Nos.462 and 463 of 2020 and Crl.M.P.Nos.3713 and 3715 of 2020

1. Lakshmi

2. Sudhakar

...Petitioners in Crl.R.C.462/20

Salivaganan

...Petitioner in Crl.R.C.463/20

VsState represented by The Deputy Superintendent of Police, Omalur Range, Salem District.

...Respondent in both the RCs

(Crime No.14/2020 - Inspector of Police, Theevattipatti Police Station, Salem District) Prayer in both the RCs: Criminal Revision Cases filed under Sections 397 read with Section 401 of Cr.P.C. to call for the records in remand order in Crime No.14/2020 dated 24.01.2020 passed by the learned Judicial Magistrate, Omalur, Salem and set aside the same and set at liberty of the petitioners to secure the ends of justice.

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For Petitioners : Mr.R.Sankarasubbu - in both the RCs Respondent : Mr.R.Murthi Government Advocate (Crl.Side) ***** COMMON ORDER The petitioners were shown as A1 to A3 in Crime No.14 of 2020 registered by the Inspector of Police, Theevattipatti Police Station, Salem District.

The petitioners were arrested and produced before the learned Judicial Magistrate, Omalur, Salem District, on 24.01.2020. The learned Judicial Magistrate passed an order on 24.01.2020 to remand the petitioners to judicial custody till 07.02.2020. The said remand order is under challenge in the criminal revision.

Today, when the matter is taken up for hearing, the learned 2/5

Government Advocate (Crl.Side) for the respondent submitted that since one of the accused has been absconded, charge sheet could not be filed and now the petitioners are in bail.

It is seen that the petitioners have challenged the remand order passed by the learned Judicial Magistrate, Omalur, Salem, which is only an interlocutory order, against which revision would not lie. Even assuming that revision would lie, since now the petitioners are in bail, this revision challenging the remand order has become infructuous. Therefore, these criminal revision cases are dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. 03.01.2023 Index : Yes/No Speaking Order/Non Speaking Order cgi 3/5

To The Judicial Magistrate,Omalur, Salem.

P.VELMURUGAN, J., cgi Crl.R.C.Nos.462 and 463 of 2020 and Crl.M.P.Nos.3713 and 3715 of 2020 4/5

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