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2017 (7) TMI 1017

Head Note:
Contravention of certain provisions of Foreign Exchange Regulation Act, 1973 - Held that:- It is of conscious of the fact that by this order, the petitioner should not take advantage and protract the proceedings. Likewise by rejecting this petition, I am of the considered view that it would amount to denial of a reasonable opportunity of argument since framing of charges is an important event in the trial of warrant cases. In order to strike the balance between the prosecution's objections and the petitioner's request, it would be appropriate to direct the Court below to grant one day time for the petitioner to put forth his arguments with regard to framing of charges.

In the result, the charges framed on the file of the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai is set aside. The petitioner is permitted to put forth his arguments on the charges framed in the said case. Such an exercise shall be completed within one working day and such date shall be fixed by the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai on or before 31.07.2017. It is made clear that I have not expressed any of my views with regard to the merits of the petitioner's case and it is open to the learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai to frame charges against the petitioner, if such arguments are not advanced on the stipulated date.


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