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2012 Supreme(Mad) 569

C.T.SELVAM
Selvam – Appellant
Versus
State by Inspector of Police, Theevatipetti Police Station – Respondent


Advocates Appeared:
For the Petitioners:M/s. M. Guruprasad, M/s. M. Selvam, Advocates.
For the Respondents: A.N. Thambidurai, Additional Public Prosecutor, N.R. Elango, Senior Counsel- Amicus Curiae.

Judgment :-

1. These two revisions arise against orders dismissing petitions under section 451 Cr.P.C. The revision petitioner in Crl.R.C.No.1699 of 2011 is accused of offence under section 302 IPC in case pending committal in P.R.C. No.5 of 2011 on the file of Judicial Magistrate No.II, Krishnagiri. He is accused of having used a lorry to cause the death of his wife. The revision petitioner in Crl.R.C.No.1766 of 2011 is accused of having committed offences under Sections 279, 323 and 307 of IPC and of having tried to cause the death of the informant in the case, by dashing his motorcycle against him. In the first case, the Court below has dismissed the petition informing that the lorry was materially needed during the course of trial and investigation and that if custody was granted, there was a chance of destruction thereof. In the next, the Court below dismissed the petition on the reasoning that the vehicle was a material object in the case and that the case was a serious one. Some interesting questions arise for consideration.

2. The Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, (2003 (1) CTC 175) and General Insurance Council and others v. State of And


























































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