G. Raji @ Nilavoor Raju v. Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.R.C.Nos.1705 of 2022 and 322 of 2023 and Crl.MP.Nos.19974 of 2022 and 2631 of 2023 G.Raji ... Petitioner in Crl.RC.No.1705 of 2022
1. Tamilselvi
2. T.Valarmathi
3. Jagadeesan
4. Vedi
5. Swaminathan
6. Shanmugam 7.Gopal
8. Kuppammal
9. Chinna Ramasamy
10. Thangaraj
11. Paranthaman
12. Kumar
13. Bolliyan
14. Upparai Govindhasamy
15. Govindhan
16. Sivaraman
17. Perumal
18. Ramasamy
...Petitioners in Crl.Rc.No.322 of 2023
Vs.
1. The State Rep. by The Deputy Superintendent of Police, Anti Land Grab Special Cell, Vellore.
(Crime No.38/2011)
...Respondents in both the cases
2. K.Karunanithi (R2 impleaded as per order dated 07.02.2023 in Crl.MP.No.1470 of 2023 in Crl.Rc.No.1705 of 2022 ... Respondents in Crl.RC.No.1705 of 2022 Common Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, to set aside the order dated 08.12.2022 made in Crl.MP.No.8083 of 2022 in CC.No.52 of 2022 by the learned Judicial Magistrate-II, Vellore.
For Petitioner : Mr.R.Shivakumar (in both the cases) For M/s.K.M.Vijayan Associates For Respondent : Mr.A.Gopinath, (in both the cases) Government Advocate (Crl. Side) No appearance - R2 in Crl.RC.No.1705 of 2022 COMMON ORDER These Criminal Revision cases have been filed seeking quashment of the order dated 08.12.2022 made in Crl.MP.No.8083 of 2022 in CC.No.52 of 2022 by the learned Judicial Magistrate-II, Vellore.
2. The petitioners have been implicated for the offence under Sections 120-B, 420, 423, 447, 465, 468, 471, 506(ii) IPC in
Cr.No.38/2011 and the same was taken on file in in CC.No.52 of 2022, in which, the petitioners filed a petition u/s. 239 of Cr.P.C. in Crl.MP.No.8083 of 2022, seeking to discharge from the charges framed against them, which was dismissed by the trial, vide impugned order dated 08.12.2022. Challenging the same, the petitioners has filed the present revisions.
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 before the trial Court and this Court, without going into the merits of the case may dispense with the appearance of the petitioners 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 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 petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.
5. Accordingly, this Criminal Revision Case is dismissed. 27.06.2024 Index: Yes/No Speaking/Non-Speaking order Rli To 1.The Deputy Superintendent of Police, Anti Land Grab Special Cell, Vellore.
2. The Judicial Magistrate-II, Vellore.
3. The Public Prosecutor, High Court of Madras.
M.DHANDAPANI, J.
rli Crl.R.C.Nos.1705 of 2022 and 322 of 2023 27.06.2024