Madras High CourtCRL RC/229/2024dismissed

Kolastina v. The State Represented By

2024-07-12Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And Crl.M.P.Nos.2057 and 9994 of 2024 1.Kolastina 2.Jansirani 3.Theresammal 4.Rani 5.Philomina Victoria 6.Theresa 7.Ekmend 8.Balakrishnan ... Petitioners Vs.

The State Represented by The Inspector of Police, District Crime Branch, Vellore.

(Crime No.51 of 2018) ... Respondent Prayer:

Criminal Revision Case filed under Sections 397 r/w Section 401 of Criminal Procedure Code, to set aside the order passed by the Judicial Magistrate II at Vellore made in C.M.P.No.10686 of 2023 in C.C.No.115 of 2023 dated 08.12.2023.

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For Petitioners : Mr.S.Thiruvengadam For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) For Petitioner in Crl.M.P.9994/24 : Mr.M.Raja Sekhar

O R D E R

This criminal revision has been filed seeking to set aside the order dated 08.12.2023 passed by the learned Judicial Magistrate II at Vellore in C.M.P.No.10686 of 2023 in C.C.No.115 of 2023. 2.The case of the petitioners is that the petitioners filed a petition under Section 239 of Cr.P.C. seeking to discharge them from the charges framed against them in C.C.No.115 of 2023 before the learned Judicial Magistrate II at Vellore and the same was dismissed by the trial Court. Challenging the same, the petitioners have filed the present revision.

3.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioners before the Trial Court may be 2/4

dispensed with and would further submit that the petitioners are ready to appear as and when necessary arise.

4.Having regard to the submission made by the learned counsel appearing for the petitioners, this Court directs the learned Judicial Magistrate II at Vellore, to expedite the trial in C.C.No.115 of 2023 and complete the same as early as possible. The appearance of the petitioners before the Trial Court is dispensed with. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners for receiving copies under Section 207 of Cr.P.C., questioning under Section 313 of Cr.P.C. and at the time of passing of the final judgement and as and when the Trial Court feels it necessary.

5.Accordingly, this criminal revision case is dismissed. Consequently, the connected miscellaneous petitions are closed. 12.07.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Judicial Magistrate II at Vellore.

2.The Inspector of Police, District Crime Branch, Vellore.

(Crime No.51 of 2018) And Crl.M.P.Nos.2057 and 9994 of 2024 12.07.2024 4/4