Madras High Court
B.Mariappan vs The Inspector Of Police on 3 December, 2018
Author: M.Dhandapani
Bench: M.Dhandapani
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2018
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.R.C.No.1401 of 2018
and
Crl.M.P.No. 16312 of 2018
B.Mariappan .. Petitioner
Vs.
The Inspector of police
Special Investigation Cell,
Vigilance and Anti corruption,
Chennai - 28. .. Respondent
PRAYER: This Criminal Revision petition has been filed Under Section
397 r/w 401 of Cr.P.C to set aside and acquitting the petitioner /
accused-2 in respect of offence under Section 120(B), 420 IPC in
C.C.No.3573 of 2015 on the file of the Chief Metropolitan Magistrate,
Allikulam, Chennai.
For Petitioner : Mr. G. Murugendran
For Respondent : Mr. R.Ravichandran
Government Advocate (Crl.Side)
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ORD ER
The learned counsel for the petitioner has filed this petition
under Section 397 r/w 401 of Criminal Procedure Code to set aside and
acquitting the petitioner/accused-2 in respect of offence under
Sections 120(B), 420 IPC in C.C.No.3573 of 2015 on the file of the
Chief Metropolitan Magistrate, Allikulam, Chennai.
2. On perusal of the record it discloses the following facts,
the petitioner was implicated for the offence under Sections 120(B),
420 of IPC in Crime No.7 of 2015. After charge sheet had been filed,
the petitioner filed a discharge application under Section 239 of Cr.P.C.
The said application was dismissed on 24.07.2018. Challenging the
above said impugned order the present Criminal Revision Petition is
filed, though the prayer is not properly vouched.
3. The contention of the petitioner is that the respondent
has registered an FIR against him in Crime No.07 of 2015 under
Sections 420 of IPC r/w 120-B on 18.06.2015. The investigation
reveals that the petitioner/A2 has committed offence of cheating &
conspiracy and therefore the Section of law was altered into Section
120(B) & 420 IPC.
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4.Though the learned counsel for the petitioner has raised
several grounds for discharging the petitioner in the above said
C.C.No.3573 of 2015, however after some arguments, he would
submit that it would suffice the petitioner if he may be permitted to
raise all the grounds before the trial court at the time of trial. He would
further submit that, the petitioner's personal appearance may be
dispensed with.
5.Heard the learned counsel for the petitioner as well as
the learned Government Advocate (Crl. Side).
6.The learned Government Advocate would accede to the
request of the petitioner to raise all the grounds during the Trial and
the petitioner's appearance shall be dispensed with.
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7. In the light of the above said submissions of the learned
Counsel for the petitioner, the presence of the petitioner before the
Trial Court shall be dispensed with on condition that, he shall be
present for receiving the charge sheet, for answering the charge, at
the time of questioning under Section 313, Cr.P.C and at the time of
passing judgment. For the other hearings, the petitioner shall file a
petition before the Trial Court under Section 317 Cr.P.C., giving an
undertaking that he will not dispute the identity and the Counsel
named by them in the affidavit will cross-examine the prosecution
witnesses on the day they are examined-in-chief, as held by the
Hon'ble Supreme court in Vinod Kumar Vs. State of Punjab
[2015(1) MLJ (Crl) 288]. On such application being filed, the trial
Court may liberally consider the same. If the accused adopts any
dilatory tactics, it is open to the trial Court to insist upon his presence
and remand him to custody as laid down by the Hon'ble Supreme
Court in State of Uttar Pradesh Vs. Shambhu Nath Singh [JT
2001 (4) Sc 319]. If the petitioner absconds, the trial Court shall
direct to register a FIR against the petitioner, under Section 229-A IPC.
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8.Accordingly, this Criminal Original Petition stands
disposed of. Consequently, the connected miscellaneous petition is
closed.
03.12.2018
Index:yes/no
Internet:yes
Speaking order/Non-speaking order
smn/kas
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To
1.The Inspector of Police,
Special Investigation Cell,
Vigilance and Anti corruption,
Chennai - 28.
2.The Public Prosecutor
High Court of Madras
Madras 600 104
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M.DHANDAPANI,J.
smn Crl.R.C.No.1401 of 2018 03.12.2018 http://www.judis.nic.in