P. Palanisamy, Lalitha Palanisamy and K. Chilambuchelvan vs State

V. Kanagaraj, J.—The above criminal revision case has been filed praying to set aside the order passed in Crl.M.P. No. 3115 of 2004 in

C.C. No. 92 of 2003 on the file of the Judicial Magistrate No. II, Namakkal dated 8-10-2004.

The learned counsel for the petitioners would submit that the petitioners are running an institution in the name of ""Director, Tamilnadu

Paramedical Training School, 26, Agraharam, Mohanur, Namakkal District 637 015""; that they advertised in Daily Thandhi on 6-6-1998 for the

purpose of giving nurse training course; that no promise for job security was given in that advertisement and hence, the charges against the

petitioners are vexatious and that they have a good reputation in the Society. On such grounds, the petitioners have come forward to file the above

Criminal Revision Case praying for the relief extracted supra.

Learned Additional Public Prosecutor would submit that giving attractive advertisement in Daily Thandhi the petitioners succeeded in getting 18

students admitted themselves in their institution; that the said institution run by them was registered only under the Tamil Nadu Societies

Registration Act, 1975, without obtaining the due recognition from the competent forum; that their ulterior motive is to cheat and grab a

considerable sum from the students and hence, would pray to dismiss the Revision Case.

On a perusal of the materials made available before this Court and upon hearing the learned counsel for the petitioners and the learned

Additional Public Prosecutor for the respondent, what comes to be known is that a case under Sections 420, 468, 471 read with 468 and 506(ii)

IPC has been registered against the petitioners and it further comes to be known that the respondent having exhausted his investigation has also

filed the chargesheet based on which, now the case is very much ripe for trial and in the above circumstances, the petitioners have come forward

with the above Criminal Revision Case seeking to set aside the order made by the lower Court on 08-10-2004 in dismissing the discharge petition

filed on the part of the petitioners.

A perusal of the order passed by the lower Court would reveal that the lower Court not only tracing the facts and circumstances encircling the

whole case, but also having framed its own point for consideration of the discharge petition filed u/s 239 of Cr.P.C. and further, has ultimately

arrived at the conclusion to hold that there are sufficient grounds to further processing the proceedings to be held against the petitioners, since

prima facie case has been made out, thus finally dismissing the discharge petition filed by the petitioners, against which the petitioners have come

forward to file the above Criminal Revision Case.

The only point for consideration that is before this Court in the circumstances of the case, as it is revealed is that when the trial of the case is

shortly to commence, whether it is necessary on the part of this Court to cause its interference by means of the above Criminal Revision Case

making use of its inherent powers conferred by law u/s 482 of Cr.P.C. sitting on the subjective satisfaction of the case in issue, while the trial Court

is ready to decide the same on trial in an objective manner, with due opportunity for both parties to be heard in full for a valid judgment to be

delivered in total appreciation of the facts and circumstances of the case the law pertaining to the subject and the evidence placed on record.

In these circumstances which are prevalent in the case in hand, it is always desirable to allow the trial Court to conduct the trial and decide the

matter objectively in total appreciation of everything connected to the case and hence, this Court besides being fully satisfied that the lower Court

has arrived at its right conclusion in the manner that it has to be arrived at the interference of this Court sought to be made into the decision of the

lower Court in dismissing the discharge petition filed u/s 239 Cr.P.C. is felt neither necessary nor required in the circumstances of the case and the

only order that could be passed in the given case is as under:

In result,

(i) the above Criminal Revision Case does not merit admission and becomes liable to be dismissed at the admission stage itself and the same is

dismissed accordingly;

(ii) the order dated 08-10-2004 made in Crl.M.P. No. 3115 of 2004 in C.C. No. 92 of 2003 by the Court of Judicial Magistrate II, Namakkal, is

confirmed;

(iii) consequently, Crl.M.P. No. 10520 of 2004 is also dismissed.