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2022 Supreme(Online)(MAD) 24403

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2022 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Criminal Revision Case No.1093 of 2022 and Crl.M.P.No.12357 of 2022

1.Venkatasubramani @ Rajan V.Mani

2. Janaki Rajan ... Petitioners Vs.

State: By Inspector of Police Central Crime Branch Tiruppur ... Respondent Prayer: Criminal Revision filed under Section 397 and 401 of Criminal Procedure Code, praying to call for the records in C.M.P.No.2256 of 2017 in C.C.No.462 of 2004 on the file of Judicial Magistrate-II, Tiruppur and set aside the same.

For Petitioners : Mr.T.K.S.Gandhi For Respondent : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The Criminal Revision Case has been filed seeking to set aside the order dated 14.09.2017 passed in C.M.P.No.2256 of 2017 in C.C.No.462 of

2004 on the file of Judicial Magistrate-II, Tiruppur.

2. The 1st petitioner is arrayed as 6th accused in C.C.No.462 of 2004 on the file of the learned Judicial Magistrate-II, Tiruppur and the 2nd petitioner is his wife. During pendency of the Calender Case, the petitioners filed a petition under Section 451 Cr.P.C. seeking for a direction to de-freez their bank account and the same was taken on file in C.M.P.No.2256 of 2017. The learned Magistrate, after enquiry, dismissed the petition by order dated 14.09.2017. Challenging the said order, the present revision has been filed before this Court.

3. It is seen that the Calender Case is of the year 2004 in which, the 1st petitioner is arrayed as A6 for the offence under Section 120-B, 420 and 109 IPC and the 2nd petitioner is his wife. During investigation of this case, the bank account of the petitioners was freezed on 18.03.2004. However till 2017, they had not taken any steps to de-freez the account. Subsequently, the investigation was completed and charge sheet was filed and the case was also taken on file in C.C.No.462 of 2004 on the file of the Judicial Magistrate-II, Tiruppur. Thereafter, only in the year 2017 i.e. after 18 years, the petitioners have filed the petition before the Magistrate to de-freeze their bank account. In the meantime, the trial commenced and now the prosecution witnesses are almost over. However, the accused one after another in one way or another, filing petitions to recall one or other witnesses and as such, the trial is still pending. Under these circumstances, there is no urgency for the petitioners to de-freeze the bank account. The learned Magistrate, after enquiry rightly dismissed the petition. Though the Revision petition was filed in the year 2018 itself, still the revision petition is pending in “Adjourned Admission” stage for more than 3 years. Now the trial is almost completed and only due to non co-operation of the accused, the trial is still pending. Under these circumstances, this Court is not inclined to interfere with the order of the learned Magistrate which was passed in the year 2017.

4. Since, the matter is pending from the year 2004, the learned Judicial Magistrate-II, Tiruppur, is directed to conduct the trial in C.C.No.462 of

2004, on day to day basis and dispose of the case within a period of two months from the date of receipt of a copy of this order and file a compliance report before this Court. Both the accused and the prosecution are directed to extend their fullest co-operation to the Magistrate to dispose of the case within the time stipulated by this Court.

5. With the above directions, this Criminal Revision Case is dismissed. Consequently, connected Miscellaneous Petition is closed.

22.09.2022 ksa-2 To

1. The Judicial Magistrate-II, Tiruppur

2. Inspector of Police Central Crime Branch Tiruppur

3. The Public Prosecutor High Court of Madras P.VELMURUGAN,J.

Ksa-2 Criminal Revision Case No.1093 of 2022

22.09.2022

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