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2024 Supreme(Mad) 855

M. NIRMAL KUMAR
M. K. Manivannan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Sankarasubbu.
For the Respondents: S. Raja Kumar, N. Baskaran.

ORDER :

Prayer: Criminal Revision Petition filed under Sections 397 r/w. 401 of Criminal Procedure Code, to set aside the summons issued on 23.2.2023 in C.C.No. 15 of 2015 pending on the file of Judicial Magistrate, Vaniyambadi, Vellore District, pending trial to secure the ends of justice.

1. Challenging the summon, dated 23.02.2023 issued by the learned Judicial Magistrate, Vaniyambadi/Trial Court in C.C.No. 15 of 2015, this criminal revision case filed.

2. The learned counsel for the petitioner submitted that a case in Crime No. 355 of 2012, dated 30.03.2012 registered against Sivakumar as A1 and Vijay as A2 for offence under Sections 409, 419, 420 & 506(ii) r/w 34 IPC. On conclusion of investigation, the 1st respondent Police filed charge sheet against eight persons listing nineteen witnesses and documents which was taken on file as C.C.No. 15 of 2015. The case against A2 was quashed on a strange procedure of conclusiveness between the 2nd respondent and A2. The trial Court not followed any procedure under Section 319 Cr.P.C. He further submitted that A2 examined as witness and based on his previous statement under Section 164 Cr.P.C., the trial Court invoked Section 319 Cr.P.C.,

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