Balakrishnan v. State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN and CRL MP Nos. 6305 and 6306 of 2026 Balakrishnan ..Petitioner Vs State Rep. by, The Inspector of Police, DCB Police Station (ALGSC), Dharmapuri District.
Crime No.02/2020 ..Respondent Prayer: Criminal Revision case filed under section 438 and 442 of BNSS to call for the records and to set aside the order passed by the learned Judicial Magistrate, Palacode, Dharmapuri District in Crl.M.P.No.792/2025 in C.C.No.106/2023 dated 20.02.2026.
For Petitioner:
Mr.E.Kannadasan For Respondent:
Mr.R.Kishore Kumar Govt.Advocate (Crl Side)
ORDER
This Criminal Revision case has been filed to call for the records and to set aside the order passed by the learned Judicial Magistrate, Palacode, Dharmapuri District in Crl.M.P.No.792/2025 in C.C.No.106/2023 dated 20.02.2026.
2. The learned counsel for the petitioner submitted that the discharge application has been dismissed on the ground that prior to filing of the discharge application, charge have been framed on 03.12.2021.
3. The learned Government Advocate (Crl.Side) submitted that originally the case was registered in CC.No.154 of 2021 on the file of the learned Judicial Magistrate, Palacode and during 2023, the same was transferred to this Court and when the matter was pending before the learned Judicial Magistrate Court, Palacode, charge was framed on 03.12.2021.
4. Considering the above facts and circumstances, this Court is of the firm view that discharge application under Section 239 of CR.P.C is not maintainable after framing of charges. In this connection, the learned Magistrate has also relied upon the judgment of the Hon'ble Supreme Court in the case of Ratilal Bhanji Mithani Vs State of Maharashtra reported in (1979) 2 SCC 179. In such view of the legal position, this Court of the firm view that there are no merits in the present application. Hence, this Criminal Revision is dismissed. Consequently, connected miscellaneous petitions are closed. 17-04-2026 Index: Yes/No Speaking/Non-speaking order SHL
To:
1. The Judicial Magistrate, Palacode, Dharmapuri District
2. The Inspector of Police, DCB Police Station (ALGSC), Dharmapuri District.
3. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL and CRL MP Nos. 6305 and 6306 of 2026 17-04-2026