Ravichandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.85 of 2016 and Crl.M.P.No.637 of 2016 Ravichandran S/o.Govindaraj ... Petitioner/1st Accused Vs

1. State represented by The Inspector of Police, CCIW CID, Salem, Salem District.

Crime No.8 of 2004

2. The Deputy Registrar, Housing Board, Salem Region, Salem - 4.

... Respondents/Complainant/ Defacto Complainant Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, against the order of learned Judicial Magistrate I, Salem, passed in C.C.No.227 of 2009 dated 20.01.2015.

For Petitioner :

Mr.V.Rajamohan For Respondents :

Mr.C.Iyyapparaj, Government Advocate [Crl.side]

O R D E R

This revision challenges the order of learned Judicial Magistrate I, Salem, passed in C.C.No.227 of 2009 dated 20.01.2015, framing charges against petitioner and other accused for offences u/s.120-B, 408 and 477-A IPC.

2. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

3. Learned counsel for petitioner brings to notice that in framing charges, the Court below had informed of offending acts between the period 28.06.1998 and 19.06.2001. It is the contention of learned counsel that though in effect, the framing of charge by the Court below regards commission of offence relating to a sum of Rs.18,04,406/- amounting to offences u/s.120-B, 408 and 477-A IPC against seven accused, broadly is in keeping with section 212 Cr.P.C., the same offends the proviso to such section.

4. Heard learned Government Advocate [Crl.side] on the above submissions.

5. This Court finds force in the submission of learned counsel for petitioner. This Criminal Revision shall stand allowed. The order of learned Judicial Magistrate I, Salem, passed in C.C.No.227 of 2009 dated 20.01.2015, shall stand set aside. The matter is remitted back to the trial Court for framing fresh charges keeping in mind the proviso to Section 212 Cr.P.C. which informs that the period between the first and last dates of offending acts shall not exceed one year. In other words, separate charges are to be framed in respect of separate offences for a period of one year or less. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gm To

1. The Judicial Magistrate I, Salem.

2. Do- Through The Chief Judicial Magistrate, Salem.

3. The Inspector of Police, CCIW CID, Salem, Salem District.

4. The Deputy Registrar, Housing Board, Salem Region, Salem - 4.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Rajamohan, Advocate, S.R.No.4519 Crl.R.C.No.85 of 2016 SKV(CO) CA(16/03/2016)