In this single-line order, the Madras High Court dismissed a criminal revision filed under Sections 397 and 401 Cr.P.C. as infructuous because the trial court had already framed charges and the case was ready for witness examination.
Criminal revision petition dismissed as infructuous. Petitioner at liberty to raise grounds at trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 24.10.2019
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.R.C.No.1110 of 2019
V.Saikumar .. Petitioner/Accused 1
Vs State rep by The Inspector of Police, Central Crime Branch, Egmore, Chennai - 3 (Cr.No.258/2009) .. Respondent/Complainant Prayer:- This Petition filed under section 397 and 401 Cr.P.C., to call for the records relating to the order passed by CCB & CBCID, Metropolitan Magistrate, Egmore, Chennai dated 15.05.2019 passed in Crl.M.P.No.2474 of 2015 in C.C.No.1365 of 2012 and set aside the same and discharge the petitioner from the criminal case also from all the charges.
For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor ORDER
When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that there was no stay subsequently the trial Court has framed charges and the witnesses LW1 to LW3 have been summoned and the case stands posted for examination of witnesses on 19.11.2019 .
Sd/Assistant Registrar(CS)
//True Copy// Sub Assistant Registrar
dpq
To:
+1cc to Mr.P.Kannan kumar , Advocate SR.No. 89399 Crl.R.C.No.1110 of 2019 A.SK(25/11/2019)
1 issue framed by the court
Whether the criminal revision petition is maintainable when the trial court has framed charges and summoned witnesses.
2 provisions across 1 enactments
V.Saikumar
State rep by The Inspector of Police, Central Crime Branch, Egmore, Chennai
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
