Dismissed

K.Ashok Kumar v. the State Rep by

Madras HC10 Dec 2021CRL RC/1091/2019

Case brief

AI extract

What is this about?

The High Court of Madras allowed the withdrawal of a criminal revision filed under Sections 397 and 401 Cr.P.C. against the dismissal of a discharge petition. Permission was granted to withdraw with liberty to approach the trial court, as the original charges were largely dropped and the remaining case was pending before another Magistrate.

What did the court decide?

Permission granted to withdraw the criminal revision with liberty to file an appropriate discharge petition before the concerned trial Court.

K.Ashok Kumar Vs the State Rep by — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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CRL.R.C.NO.1091 OF 2019 AND CRL.M.P.NO.14744 OF 2019

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1.K.Ashok Kumar 2.K.Raja 3.A.Gopinath 4.K.Rajendran ...Petitioners

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Vs.

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The State Rep. by Inspector of Police, P.5, M.K.B.Nagar Police station, Chennai – 600 039. ...Respondent

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Prayer : The Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. to set aside the Order passed in Crl.M.P.No.1354 of 2018 in C.C.No.5830 of 2017, dated 07.09.2019 passed by the learned Chief Metropolitan Magistrate, Egmore, Chennai and thereby allow the Criminal Revision Petition.

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For Petitioner : Mr.A.Rajesh kanna For Respondent : Mr.S.Sugendran, Government Advocate (Crl. Side)

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O R D E R

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This Criminal Revision is filed against an order, dated 07.09.2019, dismissing the discharge petition made in Crl.M.P.No.1354 of 2018 in C.C.No.5830 of 2017, on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai,

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The learned counsel for the petitioners would submit that in respect of private dispute, the respondent had registered cases against the petitioners for offences under Sections 448 and 380 of I.P.C r/w. and Section 3 of the Tamilnadu Property (Prevention of Damage and Loss) Act, (TNPPDL Act). After investigation, the Charge sheet was taken on file before the learned Chief Metropolitan Court at Egmore. Thereafter, the petitioners have filed a discharge application before the learned Chief Metropolitan Magistrate, Egmore, Chennai, and the

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

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discharge application was dismissed on 07.09.2019. Challenging the dismissal of the discharge application, the petitioner had preferred the present Revision before this Court. Upon hearing the revision, this Court had granted stay on 06.11.2019.

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In the meanwhile, Charges framed against the petitioners

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for the offences under Section 3 of the TNTPDL Act and 448 of IPC were dropped and altered charge sheet under Section 427 of IPC alone was taken on file. The learned Chief Metropolitan Magistrate, Egmore finding that the case for offence under Section 427 of Cr.P.C., was triable only by the Court of Magistrate, had forwarded the same to the learned X Chief Metropolitan Magistrate and the same is pending before the said Magistrate. Now it has been stated that the said case is posted for hearing on 02.02.2022. Hence, the learned counsel for the petitioners seeks permission of this Court to withdraw the present revision with liberty to file an appropriate discharge petition before the concerned Court.

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Considering the submissions made, permission is granted. This Criminal Revision Case is dismissed as withdrawn, granting liberty to the petitioners to file an appropriate petition before the concerned trial Court. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-VIII)

// True Copy //

vum

1.The Chief Metropolitan Magistrate, Egmore, Chennai.

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2.The Inspector of Police, P5, MKB Nagar Police Station, Chennai – 600 039.

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3.The Section Officer, Criminal Section, High Court, Madras.

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+2ccs to Mr.A.Rajesh Kanna, Advocate SR.No.65716

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Crl.R.C.No.1091 of 2019 and Crl.M.P.No.14744 of 2019

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KV(CO) RVM(22/12/2021)

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

K.Ashok Kumar v. the State Rep by

Case brief

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K.Ashok Kumar v. the State Rep by

Case brief

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