Crl.R.C. Nos.1325, 1329 & 1478 of 2023 &

Crl. M.P. Nos.13071, 10984 & 10971 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA

Crl.R.C. Nos.1325, 1329 & 1478 of 2023 &

Crl. M.P. Nos.13071, 10984 & 10971 of 2023

S.Y. Eswaran

...Petitioner in all Crl.R.Cs.

Vs.

1. The Inspector of Police, (L&O)

R-8, Police Station, Vadapalani,

Chennai 600 026.

2. Vigneswaran

...Respondent in Crl.R.C. No.1325/2023

1. The Inspector of Police, (L&O)

R-8, Police Station, Vadapalani,

Chennai 600 026.

2. Chitra

3. Mohan

4. Hari

5. Vigneswaran

...Respondent in Crl.R.C. No.1329/2023

1. The Inspector of Police, (L&O)

R-8, Police Station, Vadapalani,

Chennai 600 026.

2. Gowri

3.Hemakumar

4. Suresh

5. Durgasankar

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Crl.R.C. Nos.1325, 1329 & 1478 of 2023 &

Crl. M.P. Nos.13071, 10984 & 10971 of 2023

6. Mageswari

7. Ragupathi

...Respondent in Crl.R.C. No.1478/2023

Common Prayer : Criminal Revision Cases filed under Section 397(1)

r/w 401 Cr.P.C. against the orders dated 23.06.2023 in Crl.M.P.

Numbers 6495, 6497 and 6498 of 2023 in C.C.3650, 3639 and 3651 of

2022, on the file of the XVII Metropolitan Magistrate, Saidapet,

Chennai.

For Petitioner : Mr. S.Y.Eswaran (party in person)

in all Crl.R.Cs.

For R1

: Mr.R.Vinothraja

Government Advocate (Crl.Side)

in all Crl.R.C.s

COMMON ORDER

Challenge in these Criminal Revisions are made to the orders

dated 23.06.2023 passed in Crl.M.P. Nos. 6495, 6497 and 6498 of 2023

in CC 3650, 3639 and 3651 of 2022, respectively by the learned XVII

Metropolitan Magistrate, Saidapet, Chennai.

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Crl.R.C. Nos.1325, 1329 & 1478 of 2023 &

Crl. M.P. Nos.13071, 10984 & 10971 of 2023

2. The revision petitioner is the defacto complainant in

C.C.3639, 3650, and 3651 of 2022, on the file of the learned XVII

Metropolitan Magistrate, Saidapet, Chennai. He filed Criminal

Miscellaneous Petitions in Crl. M.P. Nos. 6495, 6497 and 6498 of 2023

in the aforesaid Calendar Cases under Section 24(8) Cr.P.C. to permit

him to conduct the prosecution through a counsel of his choice.

3. The main grievance of the revision petitioner is that the

police have not investigated the case properly and that they have filed a

final report on flimsy grounds in collusion with the accused. His further

contention is that his statement was not at all recorded by the police and

therefore, he must be allowed to engage a counsel of his own choice

under Section 24(8) Cr.P.C., to conduct prosecution.

4. The learned XVII Metropolitan Magistrate, Saidapet,

Chennai, dismissed the said petitions on the ground that there is an

Assistant Public Prosecutor appointed by the State Government to

represent the State in all the cases and that when there is no specific

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Crl.R.C. Nos.1325, 1329 & 1478 of 2023 &

Crl. M.P. Nos.13071, 10984 & 10971 of 2023

allegation against the concerned Public Prosecutor, the petitioner cannot

be permitted to engage a counsel of his choice to conduct prosecution.

However, the petitioner was given liberty to engage a counsel to assist

the prosecution. Aggrieved over the same, the present Criminal Revision

Cases are filed by the complainant.

5. Mr. S.Y.Eswaran, the revision petitioner (party in person)

contended that the findings of the learned XVII Metropolitan Magistrate,

Saidapet, Chennai, are perverse since the statutory right given under

Section 24(8) Cr.P.C. to the victim cannot be restricted by assisting the

Public Prosecutor. The right given to the victim in Criminal cases under

Section 24(8) Cr.P.C. is a statutory right and letting additional evidence

by the defacto complainant cannot be curtailed by Public Prosecutor. His

further