Madras High CourtCRL RC/1206/2024dismissed

R.Arunrajkumar v. State Rep By

2024-07-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and Crl.M.P.Nos.10275 & 10277 of 2024 R.Arunrajkumar ... Petitioner Vs.

State rep by Sub Inspector of Police, Central Crime Branch, Forgery Wing, Team - 33, Vepery, Chennai.

... Respondent Prayer : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C, praying to set aside the order of the lower court in C.M.P.No.8401 of 2023 dated on 22.01.2024 on the file of CCB, CBCID Metropolitan Magistrate Court, Egmore, Chennai. For Petitioner : Mr.L.Infant Dinesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) ***** Page No.1 of 4

ORDER

This Criminal Revision Case is filed against the order passed in C.M.P.No.8401 of 2023 in C.C.No.14444 of 2022 dated 22.01.2024 on the file of Metropolitan Magistrate for CCB & CBCID Cases, Egmore, Chennai.

2. The petitioner had filed a petition u/s 239 of Cr.P.C. seeking permission to discharge the petitioner/accused in C.C.No.14444 of 2022 before the learned Metropolitan Magistrate for CCB & CBCID Cases, Egmore, Chennai in C.M.P.No.8401 of 2023 in C.C.No.14444 of 2022, which was dismissed by the trial court vide impugned order, dated 22.01.2024. Challenging the same, the petitioner has filed the present revision.

3. Though very many grounds have been raised by the petitioner against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner would contest the case and this Court, without going into the merits of the case may dispense with the appearance of the Page No.2 of 4

petitioner before the trial court.

4. Though such a prayer has been sought for, however, it is to be pointed out that the presence of the petitioner 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 petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving copies u/s 207 and questioning u/s 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 petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected criminal miscellaneous petitions are closed. 29.07.2024 Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp Page No.3 of 4

M.DHANDAPANI, J.

sp To 1.The Metropolitan Magistrate for CCB & CBCID Cases, Egmore, Chennai.

2.The Sub Inspector of Police, Central Crime Branch, Forgery Wing, Team - 33, Vepery, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai. 29.07.2024 Page No.4 of 4