Madras High CourtCRL RC/450/2024dismissed

G.Nalini v. State By

2024-07-25Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and Crl.M.P.No.4310 of 2024

1. G.Nalini

2. M.Maheshwari

...Petitioners

Vs.

State rep. by The Inspector of Police, Central Crime Branch, Chennai, EDF-II, Team-III, Vepery.

...Respondent

Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to call for the records in Crl.M.P.No.37854 of 2022 in C.C.No.7404 of 2022 dated 02.11.2023 passed by the learned Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases at Egmore - Chennai and set aside the same.

For Petitioner : Mr.Manoj Sreevalsan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Revision Case is filed to set aside the order dated 02.11.2023 in Crl.M.P.No.37854 of 2022 in C.C.No.7404 of 2022 passed by the learned Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases at Egmore - Chennai.

2. The petitioners have filed a discharge petition u/s 227 of Cr.P.C. to discharge him from the charges levelled against him, before the learned Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases at Egmore - Chennai in Crl.M.P.No.37854 of 2022 in C.C.No.7404 of 2022, which was dismissed vide impugned order, dated 02.11.2023. 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 2/5

that the petitioners would contest the case and 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, directs that the appearance of the petitioners before the trial court is dispensed with except for their 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 his appearance on those days.

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected criminal miscellaneous petition is closed. 25.07.2024 rap Index : Yes/No Speaking order : Yes/No 3/5

NCC : Yes/No M.DHANDAPANI, J.

rap To

1. The Metropolitan Magistrate for exclusive trial of CCB Cases (relating to cheating cases in Chennai) and CBCID Metro Cases at Egmore - Chennai.

2. The Inspector of Police, Central Crime Branch, Chennai, EDF-II, Team-III, Vepery.

3. The Public Prosecutor High Court, Madras.

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