The High Court of Madras dismissed two criminal revisions filed under sections 397 and 401 Cr.P.C. as infructuous because the lower court had framed charges in the underlying criminal cases prior to the filing of the revisions.
Petitions dismissed as infructuous due to framing of charges in the underlying cases.
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 15.07.2019
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.RC.Nos.681 & 682/2019
P.Rengasamy .. Petitioner in both Revisions
Vs
The State by The Inspector of Police, SPE/CBI/ACB, Chennai. .. Respondent in both Revisions
Prayer in Crl.RC.No.681/2019:- Petition filed under section 397 & 401 Cr.P.C., to set aside the order passed by the learned XI Additional Special Judge for CBI Cases, Chennai in Crl.MP.No.4703/2016 in C.C.No.44 of 2015 dated 31.01.2019.
Prayer in Crl.RC.No.682/2019:- Petition filed under section 397 & 401 Cr.P.C., to set aside the order passed by the learned XI Additional Special Judge for CBI Cases, Chennai in Crl.MP.No.4695/2016 in CC.No.45/2015 dated 31.01.2019 on the file of the learned XI Additional Special Judge for CBI Cases, Chennai.
For Petitioner in both Revisions : Mr.V.V.Sairam For Respondents in both Revisions : Mr.K.Srinivasan, Spl.PP [CBI]
COMMON ORDER
The above petitions have been filed to set aside the orders dated 31.01.2019 passed in Crl.MP.Nos.4703 & 4695/2016 in CC.Nos.44 & 45/2015 by the learned XI Additional Special Judge for CBI Cases, Chennai.
2 When the matter is taken up today, the learned Special Public Prosecutor [CBI] would submit that the discharge petitions filed by the petitioner were dismissed on 31.01.2019 and before the above criminal revisions could be numbered,
charges have been framed on 28.06.2019 and would submit that the revisions have become infructuous.
3 Heard the submission of the learned counsel for the petitioner.
4 In view of the fact that the charges have been framed on 28.06.2019 in the above CC.Nos.44&45/2015, the criminal revisions have become infructuous. Accordingly, the Criminal Revision Petitions are dismissed as infructuous.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
AP
To
Crl.RC.Nos.681 & 682/2019
nmi(co) nr 21/08/2019
2 issues framed by the court
Whether criminal revisions under sections 397 and 401 Cr.P.C. are maintainable after the framing of charges.
Whether the petitions filed to set aside dismissal orders have become infructuous.
P.Rengasamy
The State
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
