Madras High CourtCRL RC/1506/2022dismissed

G.Jeganathan v. The State Rep By Its,

2022-11-18Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Criminal Revision Case No.1506 of 2022 and Crl.M.P.No.17487 of 2022 G.Jeganathan ... Petitioner Vs.

1.State by The Inspector of Police EOW-2, Coimbatore.

2. S.K.Manogaran ... Respondents Prayer: Criminal Revision filed under Section 397 and 401 of Criminal Procedure Code, praying to set aside the impugned order dated 03.11.2022 in Un-numbered Cr.M.P.No...of 2022 in R.N.No.2325 filed on 16.09.2022 in C.C.No.37 of 2013 and direct the trial Court to take application on file. For Petitioner : Mr.S.Sivanandam For R-1 : Mr.S.Sugendran Additional Public Prosecutor 1/4

ORDER

This Criminal Revision Case has been filed seeking to set aside the impugned order dated 03.11.2022 in Un-numbered Cr.M.P.No....of 2022 in R.N.No.2325 filed on 16.09.2022 in C.C.No.37 of 2013 and direct the trial Court to take the petition on file.

2. The learned counsel for the petitioner would submit that the petitioner is facing trial in C.C.No.37 of 2013 on the file of the Special Court under TNPID Act, Coimbatore and during pendency of the same, the petitioner had filed a petition before the trial Court under Section 319(1) of Cr.P.C. to add P.W.29 namely S.K.Manoharan/the 2nd respondent herein, as one of the accused in the above case. But the learned Special Judge, dismissed the same by order dated 03.11.2022. Hence, the present revision has been filed before this Court.

3. The learned Additional Public Prosecutor would submit that the trial Court, after conclusion of trial, disposed the main case in C.C.No.37 of 2013 on 16.11.2022 itself.

4. It is seen that the main case in C.C.No.37 of 2013 has already been disposed of by the trial Court and hence, this revision is not maintainable. 2/4

Accordingly, this Criminal Revision Case is dismissed at the admission stage. Consequently, connected Miscellaneous Petition is dismissed.

5. However, the petitioner is at liberty to challenge the order of the trial Court dated 03.11.2022 passed in the un-numbered Crl.M.P.No... of 2022 along with the appeal or revision in case of challenging the order in C.C.No.37 of 2013.

18.11.2022 ksa-2 3/4

P.VELMURUGAN,J.

Ksa-2 To

1. The Special Judge, Special Court under TNPID Act, Coimbatore.

2. The Inspector of Police EOW-2, C1oimbatore.

3.The Public Prosecutor High Court of Madras Criminal Revision Case No.1506 of 2022 18.11.2022 4/4