Madras High Court
N.Alagarsamy vs State Through on 18 November, 2021
Crl.O.P.(MD)No.17178 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.17178 of 2021
and
Crl.M.P.(MD)No.9330 of 2021
N.Alagarsamy ... Petitioner/Revision
petitioner/Petitioner/
Accused No.3
vs.
State through
The Inspector of Police,
CCWI(CID),
Madurai City.
in Crime No.3 of 2018 ... Respondent/ Respondent/
Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
call for the records and set aside the orders passed by the learned VI
Additional District and Sessions Judge, Madurai, in Crl.R.P.No.116 of
2019 dated 05.09.2020 by confirming the orders passed by the Judicial
Magistrate No.III, Madurai, in Cr.M.P.No.5148 of 2018 in C.C.No.19 of
2018 dated 06.08.2019.
For Petitioner : Mr.R.Saravanan
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.17178 of 2021
ORDER
The petitioner herein is figuring as the third accused in C.C.No.19
of 2018 on the file of the Judicial Magistrate No.III, Madurai. The
petitioner was the Special Officer of Co-operative Society in question.
The petitioner filed Cr.M.P.No.5148 of 2018 seeking discharge. The said
petition was dismissed. Aggrieved by the same, the petitioner filed
Cr.R.P.No.116 of 2019 before the Sessions Court. The revision petition
was also dismissed. Thereafter, this Criminal Original Petition has been
filed.
2. It is well settled that a second revision is not maintainable. To
circumvent the same, power under Section 482 Cr.P.C. cannot be
invoked. The petitioner has to necessarily establish his innocence only
before the trial Court in a full-fledged trial. The dismissal of this
Criminal Original Petition does not mean casting any reflection on the
petitioner's defence. All the petitioner's contentions are left open.
3. Taking note of the overall facts and circumstances, the personal
appearance of the petitioner before the Court below is dispensed with.
However, the petitioner has to appear before the Court below on the
following three occasions:-
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17178 of 2021
(i) to answer the charges;
(ii) at the time of examination under Section 313 Cr.P.C.; and
(iii) at the time of pronouncement of judgment.
The petitioner also will have to appear when his presence is
insisted upon by the trial Court and on all other occasions, the petitioner
can be represented by his counsel. If the petitioner's counsel also fails to
appear, the benefit of this order will stand vacated automatically.
4. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petition is closed.
18.11.2021
Index : Yes/No
Internet : Yes/No
csm/mga
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 Inspector of Police,
CCWI(CID),
Madurai City.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17178 of 2021
G.R.SWAMINATHAN, J.
csm/mga
Crl.O.P.(MD)No.17178 of 2021
and
Crl.M.P.(MD)No.9330 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
