TMI Blog2018 (9) TMI 1986X X X X Extracts X X X X X X X X Extracts X X X X ..... e allegations to proceed the case and the defence taken by the accused need not be looked into at the time of framing of charges. Under these circumstances, the contention of the petitioner that the authority, who accorded sanction is incompetent, is not acceptable. Prosecution has to prove its case at the time of trial, whether the authority, who accorded sanction is competent or not and also it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent: Ms.S.Devie COMMON ORDER There are cases in C.C.No.146/2009, C.C.No.131/2009, C.C.No.145/2008, C.C.No.146/2008, C.C.No.57/2009 and C.C.No.58/2009 before the learned Judicial Magistrate II, Karaikal, against the petitioner. During pendency of the above cases, the petitioner/accused had filed petitions under Section 245 of Cr.P.C seeking discharge from all the charges levelled against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te (Pondicherry) appearing for the respondent would submit that the matter was stayed by this Court and after vacating the stay on 20.08.2018, charges were framed and trial has been commenced. Hence these revisions are liable to be dismissed. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Pondicherry) appearing for the respondent and perused the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... competency, can be decided at the time of trial. Now, charges were framed and trial has been commenced in all the above cases, hence at this stage, these revisions against the orders of dismissal of discharge petitions, cannot be entertained. The authority cited by the learned counsel for the petitioner is not applicable to the present case on hand, where the court found the case is not made out, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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