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1999 Supreme(Mad) 881

M.KARPAGAVINAYAGAM
N. Sekar, Proprietor, Leo Furnaces and another – Appellant
Versus
Superintendent of Police, SPE/CBI/SCB, Madras. – Respondent


Advocates:
Habibullah Badsha, Senior Counsel, for A.S.Chandrasekaran, for Petitioners.
R.Jacob R.Daniel, Special Public Prosecutor, for Respondent.

ORDER: N.Sekar, the Proprietor of M/s.Leo Furnaces and N.Sridhar are the petitioners herein. The first and second petitioners are brothers.

2. Superintendent of Police, SPE/CBI/SCB, Madras, filed a charge -sheet against the petitioners for the offences under Sec.120-B read with Secs.420, 419, 467 read with 471, I.P.C. This was taken on file by the trial court in C.C.No.6607 of 1995.

3. The petitioners filed a petition under Sec.239 of Criminal Procedure Code, seeking discharge from the above case for the reason that there were no materials to frame the charges for the offences under sections mentioned above.

4. The respondent filed a counter.

5. The trial court, after hearing the counsel for the parties and on perusal of the records, dismissed the petition for discharge and framed the charges under Sec.20-B read with 420, 468, 471 and 419, I.P.C. When the charges were read over, petitioners pleaded not guilty. After recording the same, the trial court posted the matter for trial. At that stage, the petitioners have filed this revision, seeking to set aside the order dismissing the petition for discharge and framing charges against them.

6. Few facts shall be stated before dealing with t





























































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