M.Murugesan v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And Crl.M.P.Nos.8791 and 8792 of 2024 M.Murugesan ... Petitioner Vs.

State rep. by Inspector of Police, Central Crime Branch, CCB-1, EDF I, Team II, Vepery, Chennai.

(Crime No.28 of 2022) ... Respondent Prayer:

Criminal Revision Case filed under Section 397 r/w. Section 401 of Criminal Procedure Code, to call for the records relating to the order dated 31.01.2024 in Crl.M.P.No.5239 of 2023 in C.C.No.15795 of 2022 on the file of the CCB and CBCID Metropolitan Magistrate at Egmore, Chennai and set aside the same and allow the revision petition.

For Petitioner : Mrs.AL.Gandhimathi Senior Counsel for M/s.L.Palanimuthu For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/4

O R D E R

This criminal revision has been filed seeking to set aside the order dated 31.01.2024 passed by the learned CCB and CBCID Metropolitan Magistrate at Egmore, Chennai in Crl.M.P.No.5239 of 2023 in C.C.No.15795 of 2022.

2.The case of the petitioner is that the petitioner filed a petition under Section 239 of Cr.P.C. seeking to discharge him from the charges under Sections 420 read with 34 of I.P.C. in C.C.No.15795 of 2022 before the learned CCB and CBCID Metropolitan Magistrate at Egmore, Chennai and the same was dismissed by the trial Court. Challenging the same, the petitioner has filed the present revision. 3.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioner before the Trial Court may be dispensed with and would further submit that the petitioner is ready to appear as and when necessary arise.

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4.Having regard to the submission made by the learned counsel appearing for the petitioner, this Court directs the learned CCB and CBCID Metropolitan Magistrate at Egmore, Chennai, to expedite the trial in C.C.No.15795 of 2022 and complete the same as early as possible. The appearance of the petitioner before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioner for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and at the time of passing of the final judgement and as and when the Trial Court feels it necessary. 5.Accordingly, this criminal revision case is dismissed. Consequently, the connected miscellaneous petitions are closed. 21.06.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The CCB and CBCID Metropolitan Magistrate at Egmore, Chennai. 2.The Inspector of Police, Central Crime Branch, CCB-1, EDF I, Team II, Vepery, Chennai.

(Crime No.28 of 2022) 3/4

M.DHANDAPANI,J.

pri And Crl.M.P.Nos.8791 and 8792 of 2024 21.06.2024 4/4