S.TAMILVANAN
Panner Selvam – Appellant
Versus
State rep. by Inspector of Police C. B. I / SCB – Respondent
1. The criminal revision has been preferred under Section 397 r/w 401 of the Code of Criminal Procedure, challenging the order, dated 17.03.2010 made in Crl.M.P.No.84 of 2009 in S.C.No.155 of 2009 on the file of the Additional Sessions Judge / F.T.C.No.1, Madurai.
2. Heard the learned counsel appearing for the petitioner as well as the learned Special Prosecutor appearing for the respondent. It is an admitted fact that the petitioner herein had been arrayed as A2 in the case pending before the Court below and subsequently, arrayed as A1 and he is facing charges under Sections 120 (B) r/w 364, 302 and 201 r/w 34 IPC, as per the final report (charge sheet). The petition in Crl.M.P.No.84 of 2009 was filed by the petitioner herein under Section 227 of the Code of Criminal Procedure, seeking discharge.
3. It is not in dispute that the petitioner's father Andi Thevar was originally arrayed as A1 in the case pending before the Court below and after the death of Andi Thevar, the petitioner became A1 in the case. As per the prosecution case, the petitioner along with his father Andi Thevar and the co-accused, A2, A3 and A4 had entered into criminal conspiracy and killed the decea
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