IN THE SUPREME COURT OF INDIA :: CRIMINAL APPELLATE JURISDICTION-CRIMINAL APPEAL NO. ……..OF 2024(@SPECIAL LEAVE PETITION (Crl.) No.2029 OF 2018
K. RAVI vs STATE OF TAMIL NADU & ANR Dt: NEW DELHI; AUGUST 29, 2024.
SHORT NOTES:- The Respondent No.2(A2) had miserably failed to get himself discharged from the case in the first round of litigation, when he had filed the application under Section 227 Cr.P.C, still however he filed another vexatious application seeking modification of charge under Section 216 of Cr.P.C. to derail the criminal proceedings. The said Application also having been dismissed by the Sessions Court, the order was challenged before the High Court by filing Revision .Application under Section 397 Cr.P.C. The High Court, on an absolutely extraneous consideration and in utter disregard of the settled legal position, allowed the Revision Application filed by the
Respondent No. 2, though legally untenable, and set aside the charge framed by the Sessions Court against the Respondent No. 2. The said order being ex facie illegal, untenable and dehors the material on record, the same deserves to be set aside.
In that view of the matter, impugned order is set aside. The order passed by the Sessions Court is restored. The Respondent no. 2 (A-2) having sufficiently derailed the proceedings by filing frivolous and untenable applications one after the other misusing the process of law, the present Appeal is allowed with cost of Rs. 50,000/- to be paid by the Respondent No. 2 to the Appellant within two weeks. The Respondent No. 2 shall first deposit the cost in the office of this Court, which shall be permitted to be withdrawn by the Appellant.
14. The Sessions Court is directed to proceed further with the trial against all the accused including the Respondent No. 2 (A-2) in accordance with law and as expeditiously as possible. All the parties are directed to cooperate the trial court to conclude the trial as expeditiously as
possible. It is further directed that non-cooperation of any of the accused in proceeding with the trial shall entail cancellation of their bail.
15. The Appeal stands allowed, with cost as directed. The office shall ensure compliance of the order of payment of cost by the Respondent No. 2, and report to the Court in case of non-compliance.
