K SRINIVASAN Vs. DEPUTY SUPRINTENDENT OF POLICE

JUDGEMENT

(1.) Animadverting upon the order dated 13.4.2006 passed by the Additional Chief Metropolitan Magistrate E.O.II, Egmore, Chennai in Crl.M.P. No. 322 of 2006, this criminal revision is focused.

(2.) A 'resume' of facts which are absolutely necessary and germane for the disposal of this revision would run thus: The Deputy Superintendent of CBI, SCB, Chennai lodged the complaint before the Additional Chief Metropolitan Magistrate, E.O.II, Chennai as against as many as eight persons. At the stage of framing charge, the revision petitioner herein/A7 filed Crl.M.P. No. 322 of 2006 under Section 239 of Cr.P.C. for discharging him from the case. Whereupon after hearing both sides, the learned Magistrate dismissed the application.

(3.) Being aggrieved by and dissatisfied with the order of the lower Court, this revision is filed on various grounds, the gist and kernel of them would run thus: The learned Magistrate failed to consider that the charges level led as against the revision petitioner are groundless without any material, the CBI has chosen to lodge the complaint as against the revision petitioner also. No recovery of article or material from the petitioner was effected. Simply because one approver, namely Sambandam, in this case implicated the petitioner in a vague manner, CBI roped him also at the belated stage in this case.