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K.Dhanasekaran Vs State Rep. by — Civil Procedure and Limitation | Madras HC (2020)

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Madras HC
2020
K.Dhanasekaran Vs State Rep. byK.Dhanasekaran v. State Rep. by

Disposed

K.Dhanasekaran v. State Rep. by

Madras HC28 Aug 2020CRL RC/617/2020

Case brief

AI extract

What is this about?

Application to withdraw criminal revision petition dismissed as withdrawn with liberty to raise points at trial.

What did the court decide?

Petition dismissed as withdrawn; Connected Crl.M.P. closed. Liberty to raise points before trial Court post-framing of charges.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2020

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH

Crl.R.C.No.617 of 2020

and Crl.M.P.No.4619 of 2020

K.Dhanasekaran, S/o.Karuppu Thevar, D.No.110-77^th Street, 12^th Sector, K.K.Nagar, Chennai – 600 078.

... Petitioner/A-8 Vs.

State represented by The Deputy Superintendent of Police, Economic Offences Wing – II, Coimbatore. ... Respondent/Complainant

Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. seeking to set aside the order of dismissal dated 13.03.2020 passed in C.M.P.No.7 of 2020 in C.C.No.15 of 2015 on the file of the Learned Special Judge, Special Court for TNPID Act cases (FAC), Coimbatore consequently allow CMP.7/2000 in C.C.No.15/15 by way of discharge the petitioner from C.C.No.15 of 2015.

For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl. Side)

Parties & counsel

AI extract

petitioner
K.Dhanasekaran
respondent
State represented by The Deputy Superintendent of Police, Economic Offences Wing – II, Coimbatore

Coram

AI extract

P.N. Prakash

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 28 Aug 2020 · August
Registered: 28 Jul 2020
Case no.: CRL RC/617/2020

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Cite this judgement

K.Dhanasekaran v. State Rep. by, CRL RC/617/2020 (MAD), decided on 28 August 2020.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.N. Prakash

Parties & counsel

Outcome

Petition dismissed as withdrawn; Connected Crl.M.P. closed. Liberty to raise points before trial Court post-framing of charges.

Detailed headnote1 paragraphs

Criminal revision petition filed to challenge order of dismissal was permitted to be withdrawn by petitioner, who sought adjournment and submitted a memo requesting withdrawal without prejudice to his rights to defend.

A compact analysis

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.

O R D E R

This case is taken up through video conferencing.

On 29.07.2020, this Court passed the following order: "This revision petition has been filed challenging the order of dismissal passed by the trial Court on the discharge petition filed by the petitioner under Section 239 Cr.P.C.

Heard the learned counsel for the petitioner in extenso and perused the records.

https://hcservices.ecourts.gov.in/hcservices/

When this Court expressed its view that there is no infirmity in the order passed by the trial Court and there are prima facie materials against the petitioner for framing charges in C.C.No.15 of 2015, the learned counsel for the petitioner sought adjournment by a week saying that he wants to produce more documents.

It is seen from 2015 to 2020, there has not been any progress in the trial of the case.

Post the matter for orders finally on 05.08.2020.”

Today, when the matter was taken up for hearing, the learned counsel for the petitioner filed a memo, which reads as follows:

“1. It is submitted that the above revision petitioner has been filed for setting aside the order of dismissal dated 13.03.2020 passed by the Learned Special Judge, Special Court forTNPID Act, Coimbatore, in C.M.P.No.7 of 2020 in C.C.No.15 of 2015.

to obtain the supportive papers form the trial Court due to COVID-19 lock down. Hence, it is humbly prayed the petitioner may be permitted to withdraw the above criminal revision petition without prejudice to his rights to defend in C.C.No.15 of 2015 on the file of the trial Court.

Hence, it is humbly prayed that this Hon'ble Court may be pleased to dismiss the above criminal revision “as not pressed and withdrawn” and thus render justice.”

In view of the above, this petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the trial Court after the charges are framed. Connected Crl.M.P. is closed.

Assistant Registrar (CS-III)

//True Copy//

Sub Assistant Registrar

https://hcservices.ecourts.gov.in/hcservices/

nsd

To

The Special Judge, Special Court for TNPID Act cases, Coimbatore.

2.The Deputy Superintendent of Police, Economic Offences Wing – II, Coimbatore. 3.The Public Prosecutor, Madras High Court, Chennai – 600 104. Crl.R.C.No.617 of 2020 AJI(CO) GN(28/10/2020)

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA010665872020

Topic

Civil Procedure and Limitation

Bench

Disposal

WITHDRAWN DISMISSED

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