KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order, dated 18. 04. 2005 passed in C. M. P. No. 7/05 in S. C. No. 56/04, on the file of the I Additional Sessions Judge, Salem.

(2.) IT is seen that the petitioner / accused had filed the Criminal Miscellaneous Petition before the I Additional Sessions Judge, Salem under Section 409 (2) Cr. P. C, with the prayer, which reads as follows " The further proceedings in the above case be stopped and the case be disposed off according to law".

(3.) THE learned counsel appearing for the revision petitioner would contend that the learned Principal Sessions Judge, Salem, after recalling the case from the Fast Track Court No. I, Salem, has made over the same to the I Additional Sessions Court, though charges had already been framed against the petitioner / accused. It is seen that the charges were framed against the revision petitioner / accused, under Section 376, 302 (2 counts), 302 r/w 201 (2 counts) and 506 (ii) IPC. The learned counsel appearing for the revision petitioner has not disputed the fact that 30 prosecution witnesses were examined before the I Additional Sessions Court and after closing the prosecution evidence, the case was posted for questioning the accused under Section 313 Cr. P. C by the court below and at that stage, the revision petitioner has come forward with this petition under Section 409 (2) Cr. P. C, before the I Additional Sessions Court to stop all further proceedings. The said petition was dismissed by the court below, aggrieved by which, this revision has been preferred.