Madras High CourtCRL RC(MD)/481/2021dismissed

Keerthi v. The Deputy Superintendent Of Police

2022-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.481 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.481 of 2021 and Crl.M.P(MD)Nos.5141 & 5142 of 2021 1.Keerthi 2.Kalaiyarasan 3.Vijaidevan ... Petitioners/Accused Nos.5, 7 & 8 Vs.

The State, Represented by D.S.P of Police, Kulithalai Division.

Crime No.03/2020.

... Respondent/Complainant PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records and set aside the order passed in C.M.P.No.1350 of 2020 in C.C.No.83 of 2020, dated 23.12.2020 on the file of the learned Judicial Magistrate No.1, Kulithalai.

For Petitioners : Mr.N.Sudhagar Nagaraj For Respondent : Ms.M.Aasha Government Advocate (Crl. Side)

ORDER

This revision has been filed as against the order passed in C.M.P.No.1350 of 2020 in C.C.No.83 of 2020, dated 23.12.2020 on the file of the learned Judicial Magistrate No.1, Kulithalai, thereby dismissing the petition for discharge.

2.The learned counsel appearing for the petitioner would submit that already the entire bundle has been handed over to the petitioners and also withdrawn their memo of appearance filed on behalf of them.

3.Though the counsel already handed over the bundle to the petitioners and had withdrawn their appearance, the petitioners failed to engage any counsel on their behalf to appear before this Court. Today, no one appeared in person or by new counsel. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.481 of 2021 4.On a perusal of the records revealed that the petitioners were charged for the offences under Sections 147, 148, 294(b) and 506(i) of I.P.C in C.C.No.83 of 2020 on the file of the learned Judicial Magistrate No.1, Kulithalai. Further, there are specific overt act and allegations available as against the petitioners to attract the offences under Sections 147, 148, 294(b) and 506(i) of I.P.C. Therefore, the Court below rightly dismissed the petition for discharge and this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, this Criminal Revision Case is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judicial Magistrate No.1, Kulithalai.

2.The D.S.P of Police, Kulithalai Division.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.R.C(MD)No.481 of 2021 10.03.2022 PS MS/25.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2