Marappan, M/33 v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2019

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.R.C.No.153 of 2018 and Crl.M.P.No.1236 of 2018 Marappan ... Petitioner/2nd Accused Vs.

State by:

The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri District.

(Cr.No.188 of 2016) ... Respondent/Complainant PRAYER: The Criminal Revision Petition has been filed, under Section 397 read with 401 Cr.P.C, to set aside the order dated 20.12.2017, passed in Cr.M.P.No.395 of 2017 in Special S.C.No.27 of 2017, on the file of the Fast Track Mahila Court, Dharmapuri, Dharmapuri District.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

J U D G M E N T

The revision has been filed seeking to set aside the order passed in Crl.M.P.No. 395 of 2015 in Special S.C.No.27 of 2017 by the Fast Track Mahila Court, Dharmapuri District, dismissing the petition filed for discharge.

When the matter is taken up today, the learned counsel for the petitioner would submit that the petitioner was arrayed as A2 and the charges against him is that he had abetted the first accused in the Crime. However, a perusal of the statement recorded from the victim under Section 164 Cr.P.C does not disclose any involvement of the petitioner and he would seek for allowing the revision.

At this Juncture, the learned Additional Public 1/2 https://hcservices.ecourts.gov.in/hcservices/

Prosecutor would submit that the discharge petition had been dismissed on 20.12.2017 and subsequently, the Trial Court had framed charges and trial has commenced and as on today, three witnesses have been examined and the case is posted to 04.12.2019.

Taking into consideration that the trial has commenced, the Criminal Revision Case stands dismissed, however, granting liberty to the petitioner to raise all these grounds before the Trial Court at the appropriate stage. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar dua To 1.The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri District.

2.The Fast Track Mahila Court, Dharmapuri, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

4. The Section Officer Criminal Section High Court Madras +1 cc to Mr.C.Prakasam Advocate sr96448 Crl.R.C.No.153 of 2018 and Crl.M.P.No.1236 of 2018 aa08/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/