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Madras High CourtCRL RC/874/2016dismissed

Subramanian v. State Rep By

2016-12-14Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.Nos.874, 875 and 877 of 2016 and Crl.M.P.Nos.6711, 6712, 6713, 6714, 6726 and 6731 of 2016 Subramanian S/o.Muthurangam ... Petitioner in Crl.R.C.No.874/2016 M.Sankari W/o.Subramanian ... Petitioner in Crl.R.C.No.875/2016 S.Damodharan S/o.Subramani ... Petitioner in Crl.R.C.No.877/2016 Vs.

1.State represented by The Inspector of Police, All Women Police Station, Tambaram.

Crime No.15 of 2010 2.R.Ranjeetha W/o.Gopalakrishnan Subramanian (impleaded second respondent as per order dated 17.08.2016) ... Respondents in all revisions Criminal Revisions filed under Section 397 and 401 Cr.P.C. against the orders of learned Judicial Magistrate, Tambaram, passed in C.M.P.Nos.316, 317 and 318 of 2015 in C.C.No.427 of 2015 on 14.03.2016.

For Petitioners :

Mr.P.Kannan Kumar (in all revisions) For Respondents :

Mr.M.Mohammed Riyaz (in all revisions) Government Advocate [Crl.side] [R1] Mr.A.Suresh [R2] ***** C O M M O N O R D E R These revisions arise against the orders of learned Judicial Magistrate, Tambaram, passed in C.M.P.Nos.316, 317 and 318 of 2015 in C.C.No.427 of 2015 on 14.03.2016.

2. Heard learned counsel for petitioners, learned Government Advocate [Crl.side] for first respondent and learned counsel for second respondent.

3. Learned counsel for petitioners submits that in respect of the very same case wherein discharge petitions were dismissed, against which the present revisions stand filed, petitioners have moved Crl.O.P.No.20848 of 2016 seeking quash of the case registered in Crime No.15 of 2010 on the file of first respondent and therein, under orders in Crl.M.P.No.9674 of 2016 dated 15.09.2016, interim stay has been granted.

4. In the circumstances, this Court is of the view that the question of whether a prima facie case exists against the petitioners is one which would

arise for consideration both in the present revisions as also in Crl.O.P.No.20848 of 2016. It would suffice if a decision on such question is arrived at in Crl.O.P.No.20848 of 2016.

For the aforesaid reason, the Criminal Revision Cases shall stand dismissed. Connected miscellaneous petitions are closed. 14.12.2016 Index:yes/no Internet:yes/no gm To The Judicial Magistrate, Tambaram.

C.T.SELVAM, J gm Crl.R.C.Nos.874, 875 and 877 of 2016 14.12.2016 http://www.judis.nic.in