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2011 Supreme(Mad) 1387

P.R.SHIVAKUMAR
T. T. G. Industries Ltd. , rep. by V. Ravi Srinivasan, Chennai – Appellant
Versus
State By CBI, Chennai – Respondent


Advocates Appeared:
For the Petitioner:R. Rajarathinam, Advocate. For the Respondent: N. Chandrasekaran , Spl. Public Prosecutor for CBI Cases.

Judgment :-

1. The petitioners 1 to 5 herein have been arraigned as Accused Nos. 1 to 5 in C.C.No.559 of 2007 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai. Consequent to the dismissal of their petition filed under Section 239 Cr.P.C, namely Crl.M.P.No.1519 of 2009 seeking an order of discharge from the said criminal case, the petitioners have approached this Court challenging the correctness and legality of the said order by invoking the revisional powers of this Court under Section 397 r/w. 401 Cr.P.C.

2. Without there being any specific complaint made by a de facto complainant, the SPE/CBI/EOW/Chennai, registered a case on "source information" in R.C.6/E/2005-CBI/Chennai and submitted a final report on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai alleging that the petitioners herein committed offences punishable under Sections 120-B r/w. Sec. 409, 420, 467, 467 r/w. 471 I.P.C and substantive offences thereof, probably meaning the offences punishable under Sections 409, 420, 467, 467 r/w. 471 I.P.C. The said charge sheet was dated 31.01.2007. The learned Additional Chief Metropolitan Magistrate, Egmore, Ch




































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