Madras High CourtCRL RC(MD)/665/2019disposed of

M.Thondeeswaran v. The Inspector Of Police

2019-11-01Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 01.11.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN CRL. R.C. (MD) NO. 665 OF 2019 AND CRL. M.P. (MD) NO. 7911 & 7912 OF 2019 Thondeeswaran ... Petitioner/Accused No.2 - Vs - The State, rep. by The Inspector of Police Central Crime Branch Madurai District.

... Respondent/Complainant (Crime No.65 of 2016) Criminal Revision Case filed u/s 397 r/w 401 of the Code of Criminal Procedure, against the order dated 26.09.2018, passed by the learned Judicial Magistrate No.I, Madurai, in C.C. No.85/2017. For Petitioner : Mr. R.Anand For Respondents : Mr. K.Chellapandian, AAG, assisted by Mr. V.Neelakandan, APP

ORDER

The present revision has been filed by the petitioner against the order dated 26.09.2018, passed by the learned Judicial Magistrate No.I, Madurai, in C.C. No.85/2017.

2. After some argument, when this Court expressed its intention to dismiss the revision petition, learned counsel appearing for the petitioner sought liberty to move the trial court by filing an application u/s 216 Cr.P.C. for alteration, amplifying or addition of charge. According to the learned counsel for the petitioner, the present charges, framed by the learned Magistrate, are not in terms of Sections 211 to 215 Cr.P.C.

3. Considering the legitimate request made by the learned counsel for the petitioner, liberty is given to the petitioner to move the trial court by filing an application u/s 216 Cr.P.C., if so advised, within a period of two weeks from the date of receipt of a copy of this order. On such application being filed, the trial court is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of three months from the date of filing of the said application. https://hcservices.ecourts.gov.in/hcservices/ Crl. R.C. No.665/2019

CRL. R.C. (MD) NO. 665 OF 2019

4. This revision petition is disposed of with the aforesaid direction. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) GLN To The Judicial Magistrate No.I Madurai.

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