Vijaya v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.R.C.Nos.367, 368, 370, 371 and 372 of 2023
1. Vijaya
2. Senthilkumar
3. Chitra
4. Veeramani ... Petitioners in Crl.RC.No.367 of 2023
1. Vijaya
2. Senthilkumar
3. Chitra
4. Veeramani
5. Chandrasekar ... Petitioners in Crl.RC.No.368 of 2023
1. Vijaya
2. Senthilkumar
3. Chitra
4. Veeramani ... Petitioners in Crl.RC.No.370 of 2023
1. Vijaya
2. Senthilkumar
3. Chitra
4. Veeramani
5. Chandrasekar ... Petitioners in Crl.RC.No.371 of 2023
1. Vijaya
2. Senthilkumar
3. Chitra
4. Veeramani ... Petitioners in Crl.RC.No.372 of 2023 Vs.
The State Rep. by The Inspector of Police, Economic Offences Wing-II, Cuddalore District.
(Crime No.4/2018) ... Respondent in all the revision Common Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, to set aside the order dated 30.01.2023 made in Crl.MP.No.9398, 9397, 9399, 9400 and 9401 of 2022 in CC.Nos.317, 318, 316, 319 and 320 of 2021 by the learned Chief Judicial Magistrate, Cuddalore.
For Petitioner : Mr.R.Rajavelavan (in all the cases) For Respondent : Mr.A.Gopinath, (in all the cases) Government Advocate (Crl. Side) COMMON ORDER This Criminal Revision case has been filed seeking quashment of the order dated 30.01.2023 made in Crl.MP.No.9398, 9397, 9399, 9400 and 9401 of 2022 in CC.Nos.317, 318, 316, 319 and 320 of 2021
by the learned Chief Judicial Magistrate, Cuddalore.
2. The petitioners A1 to A5 in CC.Nos.316, 317, 318, 319 and 320 of 2021 on the file of the Chief Judicial Magistrate Court, Cuddalore. The petitioners filed a petition u/s. 239 of Cr.P.C. in Crl.MP.No.9397, 9398, 9399, 9400 and 9401 of 2022 before the said Court seeking to discharge from the charges framed against them, which was dismissed by the trial, vide impugned order dated 30.01.2023. Challenging the same, the petitioners have filed the present revision.
3. Though very many grounds have been raised by the petitioners against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners would contest the case before the trial Court and therefore, this Court, without going into the merits of the case may dispense with the appearance of the petitioners before the trial court.
4. Though such a prayer has been sought for, however, it is to be pointed out that the presence of the petitioners cannot be dispensed with in toto. In such view of the matter, this Court, without going into the merits of the case, direct that the appearance of the petitioners before the trial court is dispensed with except for his appearance for the purpose of receiving copies u/s.207 and questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days.
5. Accordingly, this Criminal Revision Cases are dismissed. 28.06.2024 Index: Yes/No Speaking/Non-Speaking order Rli To 1.The Inspector of Police, Economic Offences Wing-II, Cuddalore District.
2. The Chief Judicial Magistrate, Cuddalore.
3. The Public Prosecutor, High Court of Madras.
M.DHANDAPANI, J.
rli Crl.R.C.Nos.367, 368, 370, 371 and 372 of 2023 28.06.2024