Dismissed

C.Purantharadasan v. the Union Territory of Puducherry

Madras HC12 Jul 2024CRL RC/453/2023

Case brief

AI extract

What is this about?

Petitioner, first accused in a cheating case, sought quashing of an order dismissing his discharge petition and dispensation of his appearance before the trial court. Without going into merits, the court dispensed with his presence except for receiving copies under Section 207 CrPC, questioning under Section 313 CrPC and judgment pronouncement, subject to trial court's discretion.

What the court decided

AI extract

C.Purantharadasan Vs the Union Territory of Puducherry — Cheating and Forgery | Madras HC (2024)

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Crl.R.C.No.453 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.07.2024

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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Crl.R.C.No.453 of 2023

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C.Purantharadasan ... Petitioner Vs.

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The Union Territory of Puducherry, Rep. By the Station House Officer, CBCID Police Station, Puducherry. (Crime No.2/2020)

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K.Dayanadhi S/o.Govindasamy, No.4, Poonthottam Street, Mudhaliyarpettai, Puducherry. (R2 impleaded as per order dated 15.06.2024 in Crl.MP.No.8222 of 2023 in Crl.Rc.No.453/2023 by this Court) ... Respondents

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Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, to call for the records relating to the order made in Crl.MP.No.9891 of 2022 in CC.No.276 of 2022 on the file of the Judicial Magistrate, Puducherry and set aside the same.

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Page 1 of 5

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

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For Petitioner : Mr.V.S.Senthilkumar

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Crl.R.C.No.453 of 2023

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For Respondent : Mr.K.S.Mohandas, R1

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Public Prosecutor (Pondy) Mr.G.Mohammed Aseef R2

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ORDER

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This Criminal Revision case has been filed seeking quashment

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of the order made in Crl.MP.No.9891 of 2022 in CC.No.276 of 2022 on

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the file of the Judicial Magistrate, Puducherry.

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The petitioner is the first accused in Cr.No.2 of 2020 on the

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file of the first respondent and the first respondent filed charge sheet against the petitioner along with other accused and the same was numbered as CC.No.276 of 2022 for the alleged offence under Section 420 and 34 IPC, in which, the petitioner filed a petition u/s. 239 of Cr.P.C. in Crl.MP.No.9891 of 2022, seeking to discharge him from the charges framed against him, which was dismissed by the trial, vide impugned order dated 07.02.2023. Challenging the same, the petitioner

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has filed the present revision.

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Page 2 of 5

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

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Crl.R.C.No.453 of 2023

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Though very many grounds have been raised by the petitioner against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner would contest the case before the trial Court and therefore, 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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Though such a prayer has been sought for, however, it is to

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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, direct 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 under Section 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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Page 3 of 5

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

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Crl.R.C.No.453 of 2023

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5. Accordingly, this Criminal Revision Case is dismissed.

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12.07.2024

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Index: Yes/No Speaking/Non-Speaking order Rli

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1.The Station House Officer, CBCID Police Station, Puducherry.

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2. The Judicial Magistrate, Puducherry

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3. The Public Prosecutor, Pondicherry, High Court of Madras.

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Page 4 of 5

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

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Crl.R.C.No.453 of 2023

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M.DHANDAPANI, J.

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rli

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Crl.R.C.No.453 of 2023

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12.07.2024

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Page 5 of 5

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

C.Purantharadasan v. the Union Territory of Puducherry

Case brief

What is this about?

What the court decided

C.Purantharadasan v. the Union Territory of Puducherry

Case brief

What is this about?

What the court decided

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