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2016 Supreme(Mad) 2129

P.DEVADASS
B. Annamalai – Appellant
Versus
State represented through the Inspector of Police, EOW II, Madurai – Respondent


Advocates Appeared:
For the Petitioner: Mr. C. Vakeeswaran
For the Respondent:Mrs. S. Prabha Govt. Advocate

ORDER :

Practically, this revision petition could be termed as petition to recall N.B.W.

2. There are 7 accused, who are being prosecuted before the learned Chief Judicial Magistrate, Madurai in C.C.No.5 of 2015, for their alleged commission of certain economic offences. The personal appearance of the petitioner/A5 has been dispensed with by this Court, while disposing of his quash petition in Crl.O.P.(MD).Nos.12416 of 2011 and 648 to 650 of 2015.

3. In this case, trial has started. Prosecution witnesses are being produced. In the circumstances, on 16.06.2016, prosecution produced witness Nos.20 and 21. Since none has represented the petitioner/A5, not even his counsel was present, his absence was noted by the Court and N.B.W. was ordered against A5. Consequently, the witnesses could not be examined.

4. Subsequently, on 04.07.2016, the petitioner filed Cr.M.P.No.805 of 2016 to recall N.B.W. without appearing in person, however, quoting certain decisions of this Court.

5. The trial Court on holding that in the facts and circumstances of this case, those decisions are not applicable to this case and dismissed his N.B.W recall petition.

6. Now N.B.W. is hanging over on his head.

7. At this















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