Mr.Devadss Reddy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and Crl.M.P.No.19536 of 2023 R.Devadss Reddy

...Petitioner

Vs.

1. State rep. by The Inspector of Police, Central Crime Branch / Team - 1, Vepery, Chennai in Cr.No.33 of 2012.

2. B.Jayaraman Managing Director, B.J.Expo (P) Ltd., No.8, .P.Raman Street, Gandhi Nagar, Avadi, Chennai - 54.

(R2 suo motu impleaded as per order dated 18.12.2023 in Crl.RC.No.2159 of 2023 and 19536 of 2023)

...Respondents

Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to call for the records and set aside the order passed in Crl.M.P.No.5245 of 2023 in C.C.No.4345 of 2018 dated 05.08.2023 and discharge the petitioner herein by allowing this criminal revision petition. 1/4

For Petitioner : Mr.S.N.Thangaraj For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)[R1] Mr.V.Srinivasa Babu [R2]

ORDER

This Criminal Revision Case is filed to set aside the the order passed in Crl.M.P.No.5245 of 2023 in C.C.No.4345 of 2018 dated 05.08.2023 and discharge the petitioner herein by allowing this criminal revision petition.

2. The petitioner has filed a discharge petition u/s 227 of Cr.P.C. to discharge him from the charges levelled against him, before the learned Metropolitan Magistrate Court, CCB Cases, Egmore, Chennai in Crl.M.P.No.5245 of 2023 in C.C.No.4345 of 2018, which was dismissed vide impugned order, dated 05.08.2023. 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 2/4

the merits of the case may dispense with the appearance of the 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 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. Consequently, connected criminal miscellaneous petition is closed. 22.07.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/4

M.DHANDAPANI, J.

rap To

1. The Inspector of Police, Central Crime Branch / Team - 1, Vepery, Chennai

2. The Metropolitan Magistrate Court, CCB Cases, Egmore, Chennai

3. The Public Prosecutor High Court, Madras.

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