LAWS(MAD)-1994-9-62

ARUNAGIRINATHA SRI GNANASAMBANDA DESIKA PARAMACHARYA SWAMIGAL MADURAI ADHEENA KARTHAR MADURAI Vs. STATE

Decided On September 14, 1994
ARUNAGIRINATHA SRI GNANASAMBANDA DESIKA PARAMACHARYA SWAMIGAL MADURAI ADHEENA KARTHAR, MADURAI Appellant
V/S
STATE BY SUB-INSPECTOR OF POLICE, MAYILADUTHURAI Respondents

JUDGEMENT

(1.) THE Sub-Inspector of Police, Mayiladuthurai (respondent-complainant) filed a final report under Sec. 73(2) of the Code of Criminal Procedure (for short "the Code") against the petitioner-accused for alleged offence under Sec. 505(b) of the Indian Penal Code, which was taken on file as C.C.No. 261 of 1989 on the file of the Judicial Magistrate No. I, Mayiladuthurai.

(2.) AFTER service of process, the petitioner-accused entered appearance through a counsel of his choice to defend him in trial. He, in fact during the course of trial, filed an application under Sec. 205 of the Code praying for his personal appearance being dispensed with and he be represented by his counsel. The trial Magistrate allowed such an application and his presence during the course of trial right through had been dispensed with and he had been represented by his counsel.

(3.) THE application so filed was stated to have been dismissed. Aggrieved by such dismissal, the petitioner-accused filed a revision before Court of Session, East Thanjavur Division at Nagapattinam, which, in turn, without the same being numbered, was rejected by order dated 18.9.1992 on the ground that a revision against an interlocutory order, was not maintainable on the face of the sanguine provisions adumbrated under Sec. 397(2) of the Code.