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Madras High CourtCRL RC/319/2015dismissed as infructuous

Yuvraj Udaiyar (Died) v. The Station House Officer,

2021-11-24Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA Crl.R.C.No.319 of 2015 1.Yuvaraj Udaiyur [As per order in Crl.R.C.No.319/2015 dated 18.08.2021, Recording the death certificate of first petitioner, on 02.02.2017, as per the death certificate, the criminal revision petition stands dismissed as abated, in respect of the first petitioner.] 2.Satish 3.Anandhan

...Petitioners

Vs The Station House Officer of PCR cell, Pondicherry.

...Respondent

PRAYER: This Criminal Revision Case is filed under Section 397 and 401 Cr.P.C., against the order dated 17.02.2015 passed in Cr.M.P.No.1465 of 2014 in S.T.R.42 of 2013 on the file of the Chief Judicial Magistrate, Puducherry, Dismissing the petition filed by the petitioners herein under Section 258 r/w. Section 262 of the Cr.P.C., seeking an order to discharge the accused persons from the above case. The petitioners herein have been accused under section 7(1)(d) of the Protection of Civil Rights Act, 1955 and also under Section 506(1) of the Indian Penal Code. It is humbly prayed that this Court may be pleased to set aside the order of the Chief Judicial Magistrate, Puducherry and allow the petition filed under Section 258 r/w. Section 262 of Cr.P.C., to discharge the accused persons.

For Petitioners :

Mr.Balan Vijayan for Mr. C.Vigneshwaran For Respondent :

Mr.Bala Murugan Public Prosecutor (Pondicherry)

O R D E R

This Criminal Revision Case has been filed challenging the order of the learned Chief Judicial Magistrate, Pondicherry, dated 17.02.2015 made in Cr.M.P.No.1465 of 2014 in S.T.R.42 of 2013, dismissing the petition filed by the petitioners herein under Section 258 r/w. Section 262 of the Cr.P.C.

2. The petitioners before this Court are the accused before the Magistrate Court. The petitioners have filed a petition in Cr.M.P.No.1465 of 2014 on the ground that the case itself is barred by limitation and hence, the further investigation has to be stopped and that the petitioners should be discharged.

3. The learned Magistrate has not chosen to accept the contentions of the petitioners and dismissed the said petition. Aggrieved over that, this Criminal Revision Case has been filed by the petitioners before this Court.

4. The learned Public Prosecutor (Pondicherry) appearing for the State submitted that during the pendency of the revision, investigation has been completed and the Charge Sheet has also been filed. Since the relief sought for by the petitioners to stop the investigation itself has become infructuous, nothing survives for further adjudication in this case.

5. Recording the submission of the learned Public Prosecutor (Pondicherry), this Criminal Revision Case is dismissed as infructuous. However, the petitioner is given liberty to challenge the Charge Sheet or any other connected proceedings in accordance with law.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar ssn To 1.The Chief Judicial Magistrate, Pondicherry.

2.The Station House Officer of PCR cell, Pondicherry.

3.The Public Prosecutor,(Pondicherry) High Court of Madras, Chennai.

Crl.R.C.No.319 of 2015 KG (CO) PR (14/12/2021)