Vijaya vs The State Rep. By
2024 Latest Caselaw 11073 Mad

Madras High Court

Vijaya vs The State Rep. By on 28 June, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                               Crl.R.C.No.367 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.06.2024

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                     Crl.R.C.Nos.367, 368, 370, 371 and 372 of 2023

                     1. Vijaya
                     2. Senthilkumar
                     3. Chitra
                     4. Veeramani                     ... Petitioners in Crl.RC.No.367 of 2023

                     1. Vijaya
                     2. Senthilkumar
                     3. Chitra
                     4. Veeramani
                     5. Chandrasekar                  ... Petitioners in Crl.RC.No.368 of 2023

                     1. Vijaya
                     2. Senthilkumar
                     3. Chitra
                     4. Veeramani                     ... Petitioners in Crl.RC.No.370 of 2023

                     1. Vijaya
                     2. Senthilkumar
                     3. Chitra
                     4. Veeramani
                     5. Chandrasekar                  ... Petitioners in Crl.RC.No.371 of 2023




                     Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.R.C.No.367 of 2023

                     1. Vijaya
                     2. Senthilkumar
                     3. Chitra
                     4. Veeramani                      ... Petitioners in Crl.RC.No.372 of 2023

                                                           Vs.
                     The State Rep. by
                     The Inspector of Police,
                     Economic Offences Wing-II,
                     Cuddalore District.
                     (Crime No.4/2018)                           ... Respondent in all the revision

                     Common Prayer : Criminal Revision Petition filed under Section 397 r/w.
                     401 of Criminal Procedure Code, to set aside the order dated 30.01.2023
                     made in Crl.MP.No.9398, 9397, 9399, 9400 and 9401 of 2022 in
                     CC.Nos.317, 318, 316, 319 and 320 of 2021 by the learned Chief Judicial
                     Magistrate, Cuddalore.


                                   For Petitioner   : Mr.C.Prakash (in all the cases)
                                   For Respondent : Mr.A.Gopinath, (in all the cases)
                                                     Government Advocate (Crl. Side)
                                                    COMMON ORDER

This Criminal Revision case has been filed seeking quashment

of the order dated 30.01.2023 made in Crl.MP.No.9398, 9397, 9399,

9400 and 9401 of 2022 in CC.Nos.317, 318, 316, 319 and 320 of 2021

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by the learned Chief Judicial Magistrate, Cuddalore.

2. The petitioners A1 to A5 in CC.Nos.316, 317, 318, 319 and

320 of 2021 on the file of the Chief Judicial Magistrate Court,

Cuddalore. The petitioners filed a petition u/s. 239 of Cr.P.C. in

Crl.MP.No.9397, 9398, 9399, 9400 and 9401 of 2022 before the said

Court seeking to discharge from the charges framed against them, which

was dismissed by the trial, vide impugned order dated 30.01.2023.

Challenging the same, the petitioners have filed the present revision.

3. Though very many grounds have been raised by the

petitioners against the order impugned, however, when the matter is

taken up for hearing today, the learned counsel appearing for the

petitioners submitted that the petitioners would contest the case before

the trial Court and therefore, this Court, without going into the merits of

the case may dispense with the appearance of the petitioners before the

trial court.

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4. Though such a prayer has been sought for, however, it is to

be pointed out that the presence of the petitioners cannot be dispensed

with in toto. In such view of the matter, this Court, without going into the

merits of the case, direct that the appearance of the petitioners before the

trial court is dispensed with except for his appearance for the purpose of

receiving copies u/s.207 and questioning under Section 313 Cr.P.C. and

on the day on which judgment is to be pronounced. However, if for any

particular reason, the presence of the petitioners is necessary, the trial

court, at its wisdom, shall direct their appearance on those days.

5. Accordingly, this Criminal Revision Cases are dismissed.

28.06.2024

Index: Yes/No Speaking/Non-Speaking order Rli

To

1.The Inspector of Police, Economic Offences Wing-II, Cuddalore District.

https://www.mhc.tn.gov.in/judis

2. The Chief Judicial Magistrate, Cuddalore.

3. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis

M.DHANDAPANI, J.

rli

Crl.R.C.Nos.367, 368, 370, 371 and 372 of 2023

28.06.2024

https://www.mhc.tn.gov.in/judis