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2004 Supreme(Mad) 1101

A.R.RAMALINGAM
Mohan – Appellant
Versus
Inspector of Police, Thandarampet Circle, Thanipadi – Respondent


Advocates:
R. Sankarasubbu, for Petitioner.
V.Madhavan, Government Advocate (Crl.Side), for Respondent.

ORDER: This revision has been filed by the petitioner, fourth accused namely, Mohan in S.C.No.1 of 1993 on the file of the Sessions Court, Thiruvannamalai against the order of dismissal passed by the Sessions Judge, Thiruvannamalai in Crl.M.P.No.4505 of 2003 in S.C.No.1 of 1993 on 15.3.2004, whereby the petitioner prayed for denova enquiry of the Magistrate as if, the examination of material witnesses without his counsel is illegal and unjust in the light of Secs.273 and 304, Crl.P.C.

2. However, the said Crl.M.P.No.4505 of 2003 has been strongly contested by the prosecution by saying that the said petition is not at all maintainable and the allegations stated in support of that petition are not at all correct and true and that the said petition itself is nothing but an attempt to delay the progress of the trial of the sessions case to the maximum possible and in a way to cause inconvenience to other connected accused, who are facing the trial under the same sessions case and particularly when the first accused is a Srilanka citzen and case is pending from the year 1993.

3. I have gone through the order of the Sessions Judge, Thiruvannamalai carefully and also heard the arguments of









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