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The petitioner, who has been arrayed as A10, has come forward with this revision challenging the order of the learned Additional District and Sessions Judge, Fast Track Court No.I, Tindivanam, dated 12.10.2010 dismissing the petition filed by the petitioner in Crl.M.P.No.197 of 2009 in S.C.No.290 of 2009 seeking for the relief of discharge.

2. The case of the prosecution is that the petitioner has been arrayed as A10 and he is the lessee of the lodge, namely, "Devi Lodge", Gingee. The occurrence in this case is said to have taken place on the night of 27.06.2007 at room No.28 of the said lodge. On that day, a male and a female came to the said lodge and they have taken the room and ultimately the deceased was found lying dead in the said room of the above said lodge. After knowing the said incident, the petitioner/A10 has preferred a complaint to the police on 29.06.2007 and on his complaint a First Information Report was registered for the offence under Section 302 IPC. After completion of the investigation, the charge sheet was filed in this case implicating the petitioner as one of the accused as A10. The petitioner has been charged for the offence under Section 203 IPC and under Sections 201 r/w 302 IPC on the allegation that the petitioner has given false information about the occurrence and he has caused disappearance of the evidence of the offence to screen the offender of murder and rape levelled against A1 to A7.

6. This Court has carefully considered the rival contentions put forward by either side and perused the entire materials available on record including the impugned order passed by the learned trial Judge.

7. A perusal of the materials available on record would disclose that the petitioner is the lessee of a lodge by name "Devi Lodge" situated at Gingee. It is seen that a male and a female have taken a room in the said lodge and they have been allotted with the room No.28 of the lodge on 27.06.2007. A perusal of the First Information Report discloses that the said room was found locked throughout both the days, i.e., on 28.06.2007 and 29.06.2007 and as a result, the room was opened with the duplicate key on 29.06.2007 and the deceased was found lying dead and bloodstains were also found in the said room. Thereafter, the petitioner is said to have given a report on 29.06.2007.

This revision is ordered accordingly.

gg To

1. The Additional District and Sessions Judge, Fast Track Court No.I, Tindivanam.

2. The Station House Officer, Gingee Police Station, Gingee, Villupuram District.

3. The Public Prosecutor, Madras High Court, Chennai 600 104