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Madras High CourtCRL RC(MD)/949/2024closed

R.Muruganandam v. The State Of Tamilnadu

2024-11-18Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD). No.949 of 2024 and Crl.M.P.(MD).No.10463 of 2024 R.Muruganandam ... Petitioner Vs.

The Inspector of Police, CBI-ACB, Madurai.

(RC MA1 2016A 0017) ... Respondent PRAYER: Criminal Revision Petition has been filed under Sections 438 and 442 of BNSS, 2023, to call for the records and to set aside the order dated 16.08.2024, passed in Cr.M.P.No.2990 of 2022 in C.C.No.03 of 2022 on the file of the learned II Additional District Court (CBI Cases), Madurai. For Petitioner : Mr.K.Asok Kumar Ram For Respondent : Mr.M.Karunanithi Special Public Prosecutor 1/5

ORDER

The petitioner filed this petition to set aside the order dated 16.08.2024, passed in Cr.M.P.No.2990 of 2022 in C.C.No.03 of 2022 on the file of the learned II Additional District Court (CBI Cases), Madurai. 2.According to the prosecution, during the year 2012-2016, at Madurai and other places, One J.Elango/A1 entered into criminal conspiracy with other accused persons including this petitioner and said to have sanctioned loan to different companies by cheating the NSIC and misappropriated to the tune of Rs.6,22,38,021/-. Based on which, the respondent/CBI registered a case in RC MA1 2016 A 0017, on 26.05.2016 against the petitioner and other accused persons. After completion of the investigation, the final report has been filed and the same was taken on file in C.C.No.03 of 2022, by the learned II Additional District Court (CBI Cases), Madurai. During the pendency of the same, the petitioner filed discharge petition in Cr.M.P.No.2990 of 2022. The same was dismissed on 16.08.2024. Challenging the same, the petitioner filed this criminal original petition.

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3.Today, when the matter is taken up for hearing, even though there are some arguable points in this petition, the learned counsel for the petitioner seek permission of this Court to raise all the points before the trial Court at the time of trial.

4.Hence, this Criminal Revision Case is closed with the following directions:

4.1.The petitioner is permitted to raise all the points before the II Additional District Court (CBI Cases), Madurai, and the II Additional District Court (CBI Cases), Madurai, is directed to consider his points on merits without influencing the dismissal order passed in the discharge petition in Cr.M.P.No. 2990 of 2022, dated 16.08.2024.

Consequently, the connected miscellaneous petition is also closed. 18.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No vsg 3/5

To 1.The II Additional District Court (CBI Cases), Madurai.

2.The Inspector of Police, CBI-ACB, Madurai.

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

4.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

vsg Crl.R.C(MD). No.949 of 2024 and Crl.M.P.(MD).No.10463 of 2024 18.11.2024 5/5