2009 (7) TMI 822

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..... Shri R. Karthikeyan, Advocate, for the Petitioner. Shri R. Dhanapal Raj, Special P.P., for the Respondent. [Order]. - The petitioner's counsel submits that the petitioner has filed the Criminal Original Petition No. 33408 of 2005 to direct the Chief Judicial Magistrate to entertain the discharge petition in D. No. 1404 in C. C. No. 37 of 2005 on the file of the Chief Judicial Magistrate, Coimbatore on 22-11-2005. 2. The petitioner's case is that the respondent/Deputy Commissioner of Central Excise has initiated prosecution by filing a complaint before the Chief Judicial Magistrate, Coimbatore, in C.C. No. 37 of 2005, wherein the petitioner has been arrayed as the 6th accused along with five other accused, for the a .....

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..... and that the reasons stated for the return of the discharge petition are incorrect and the same will not vitiate the very object of discharge petition as the Magistrate can mould the relief prayed for by the accused in the discharge petition. 4. The reason for returning the discharge petition that notice was not given to the public prosecutor is not a grave mistake warranting return of the petition and the return of the discharge petition amounts to denying the rights of the accused. 5. Hence, the petitioner prays that this Court may direct the Chief Judicial Magistrate, Coimbatore to entertain the discharge petition filed in D. No. 1404 on 22-11-2005 in C. C. No. 37 of 2005 and dispose of the same in accordance with law. .....

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..... gainst the Honourable Chief Judicial Magistrate i.e.' "he hastily dictated" is baseless and contrary to the facts. 7. The learned counsel for the petitioner as well as the respondent argued the matter. The learned counsel for the prosecution submitted that the accused was involved in five similar offences. Further, the prosecution side mentioned that nine witnesses and 52 documents are mentioned in support of the case. 8. Considering the facts and circumstances of the case and after going through the order passed in D. No. 1404 in C.C. No. 37 of 2005 on the file of Chief Judicial Magistrate, Coimbatore, the Court is of the view that the prosecution case has to be tried necessarily. 9. Accordingly, the Criminal Origin .....

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