APPATHURAI Vs. STATE

JUDGEMENT

(1.) THESE revisions have been filed challenging the impugned orders passed by the learned Chief Judicial Magistrate, Trichirapalli in 10 identical cases, against the petitioners herein but however separately on 20.5.1993.

(2.) SHORT background which is necessary to be referred is stated as follows: The petitioners herein in all the cases are charged for the offences under Sec. 162, I.P.C. and 5(3)(1) of the Prevention of Corruption Act and the trial went on before the learned trial Magistrate in all the cases. Examination of the prosecution witnesses was over and the cases were posted for further proceedings. At this stage, petitions under Sec. 313 of the Code of Criminal Procedure were filed on behalf of the petitioners in all the cases praying the learned trial Magistrate not to proceed with the questioning of the accused under Sec. 313 of the Code for the mere reasoning that none of the prosecution witnesses had spoken against the petitioners/accused, nor the prosecution established any circumstances against them. After hearing both sides and the objection raised on behalf of the prosecution, the learned Chief Judicial Magistrate has rejected the prayer of the petitioners by passing the impugned orders. Aggrieved at this, petitioners have come forward with these revisions.