Chandrasekar@Sekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

1. Chandrasekar @ Sekar

2. Mayilvaganam

3. P.Paneer Selvam

4. M.A.Selvarajan @ Selvaraj

...Petitioners

Vs.

State Rep.by, Deputy Superintendent Police, District Crime Branch, Krishnagiri District.

(Crime No.261/2012-Denkanikottai P.S)

...Respondent

PRAYER: Criminal Revision case filed under Section 397 r/w Section 401 of Code of Criminal Procedure to set aside the order of dismissal of discharge petition dated 30.01.2024 passed by the Principal Sessions Judge, Krishnagiri in Crl.M.P.No.2050 of 2019 in S.C.No.126 of 2019. For Petitioners : Mr.E.K.Kumaresan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Revision petition is filed against the order of dismissal of discharge petition dated 30.01.2024 passed by the Principal Sessions Judge, Krishnagiri in Crl.M.P.No.2050 of 2019 in S.C.No.126 of 2019.

2. The petitioners have filed a discharge petition u/s 227 of Cr.P.C. to discharge them from the charges levelled against them, before the Principal Sessions Court, Krishnagiri in Crl.M.P.No.2050 of 2019 in S.C.No.126 of 2019, which was dismissed by the trial Court vide impugned order, dated 30.01.2024. 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 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.

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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 their appearance on those days.

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is closed. In view of the order passed in Crl.R.C.No.1014 of 2024, no order needs to be passed in Crl.M.P.No.8574 of 2024 filed seeking to dispense with the personal appearance of the petitioners. Accordingly, the Crl.M.P.No. 8574 of 2024 stands closed.

18.06.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/4

M.DHANDAPANI, J.

rap To Principal Sessions Judge, Krishnagiri 18.06.2024 4/4