K.S.R. SELVARAJAN Vs. STATE

JUDGEMENT

(1.) K .S.R. Selvarajan, who has been arraigned as accused No. 14 in C.C. No. 3 of 2012 pending on the file of the learned Chief Judicial Magistrate, Madurai is the petitioner in the revision. On information that large quantity of potassium chloride was dealt with by various persons without licence and against licence conditions in and around Madurai and Pollachi in violation of clause 25 (1) and (2) of the Fertilizer (Control) Order, 1985, a case came to be registered by the CBI, Essential Commodities Wing, in R.C. 6/E/2011, based on which the Inspector of Police attached to the said wing conducted the investigation. The investigation resulted in the submission of a final report against 15 persons. The revision petitioner herein has been shown as 14th accused as per the final report. The said final report was taken on file by the learned Chief Judicial Magistrate, Madurai on his file as C.c. No. 3 of 2012.

(2.) WHEN the matter was under consideration for the framing of charges, the revision petitioner herein who figures as 14th accused in the said case, filed a petition under Section 239 of Cr.P.C. praying for an order discharging him from the said case. The learned Chief Judicial Magistrate took it on file as Crl.M.P. No. 51 of 2013 in C.C. No. 3 of 2012.

(3.) THE respondent is represented by the learned Special Public Prosecutor for CBI cases. The Criminal Revision Case is resisted by the respondent raising serious objections as to the desirability of discharging the revision petitioner without making him to stand for the trial.