Dismissed

N.S.Ganesh v. State Rep by Its

Madras HC11 Jul 2024CRL RC/1179/2024

Case brief

AI extract

What is this about?

The High Court dismissed a criminal revision against an order dismissing a petition for discharge. Special leave was granted for the petitioner not to appear for trial facts, except for receiving copies under Section 207 Cr.P.C., the Section 313 Cr.P.C. stage, and the judgment pronouncement.

What did the court decide?

Petitioner exempted from appearing for trial facts; must appear only for Section 207 Cr.P.C., Section 313 Cr.P.C., and judgment pronouncement.

N.S.Ganesh Vs State Rep by Its — Criminal Trial and Appeal | Madras HC (2024)

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Crl.R.C.No.1179 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.07.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE M. DHANDAPANI

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Crl.R.C.No.1179 of 2024 and Crl.M.P.No.9908 of 2024

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N.S.Ganesh ... Petitioner

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Vs.

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The State Rep. By its Inspector of Police, Central Crime Branch-III, Wing-22, Land grabbing Special cell-2, Vepery, Chennai – 600 007. (Crime No.144/2018)

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... Respondent

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Prayer : Criminal Revision Case filed under Section 397 and 401 Cr.P.C, praying to set aside the order passed in Crl.M.P.No.31215 of 2023 in C.C.No.4631 of 2023 dated 12^th January, 2024, by the Additional Chief Metropolitan Magistrate for CCB CBCID Cases, Egmore, Chennai – 600 008.

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For Petitioner : Mr.S.Jayakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

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

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Page No.1 of 4

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Crl.R.C.No.1179 of 2024

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ORDER

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This Criminal Revision Case is filed against the order passed in Crl.M.P.No.31215 of 2023 in C.C.No.4631 of 2023 dated 12.01.2024 on the file of the learned Additional Chief Metropolitan Magistrate for CCB CBCID Cases, Egmore, Chennai – 600 008.

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2. The petitioner had filed a petition u/s 239 of Cr.P.C. seeking

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permission to discharge the petitioner/A3 in C.C.No.4631 of 2023 before the learned Additional Chief Metropolitan Magistrate for CCB CBCID Cases, Egmore, Chennai – 600 008 in Crl.M.P.No.31215 of 2023 in C.C.No.4631 of 2023, which was dismissed by the trial court vide impugned order, dated 12.01.2024. Challenging the same, the petitioner has filed the present revision.

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3. Though very many grounds have been raised by the petitioner against the order impugned, however, when the matter is taken up for hearing today, t he learned counsel appearing for the petitioner submitted that the petitioner would contest the case and this Court, without going into the merits of the case may dispense with the appearance of the petitioner before the trial court.

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

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Page No.2 of 4

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Crl.R.C.No.1179 of 2024

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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 petitioner cannot be dispensed with in toto. In such view of the matter, this Court, without going into the merits of the case, directs that the appearance of the petitioner before the trial court is dispensed with except for his appearance for the purpose of receiving copies u/s 207 and questioning u/s 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 petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.

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5. Accordingly, this Criminal Revision Case is dismissed. However, the trial court is directed to complete the trail in C.C.No.4631 of 2023 as early as possible. Consequently, connected criminal miscellaneous petition is closed.

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11.07.2024

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Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp

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

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Page No.3 of 4

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Crl.R.C.No.1179 of 2024

M.DHANDAPANI, J.

1.The Additional Chief Metropolitan Magistrate for CCB CBCID Cases, Egmore, Chennai – 600 008.

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2.The Inspector of Police, C entral Crime Branch-III, Wing-22, Land grabbing Special cell-2, Vepery, Chennai – 600 007.

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3.The Public Prosecutor, Madras High Court, Chennai.

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Crl.R.C.No.1179 of 2024

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11.07.2024

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

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Page No.4 of 4

N.S.Ganesh v. State Rep by Its

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N.S.Ganesh v. State Rep by Its

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