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Madras High CourtCRL OP/6885/2019withdrawn dismissed

Saleem@Abdul Saleem v. State Rep. By The Inspector Of Police,

2019-03-15Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.No.16885 of 2018 CRL.O.P.Nos.16885 & 11576 of 2019 N.KIRUBAKARAN, J.

and P.VELMURUGAN, J.

(Order of the Court was made by N.KIRUBAKARAN,J.) In the double murder case, the second respondent, who is an accused of the offences under Sections 120(b) r/w 449, 302 (2 counts) and 307 (2 counts), 404, 380, 414 r/w 109 IPC turned approver and after enjoying the benefits of an approver, while giving evidence, she turned hostile. Therefore, an application under Section 308 of Criminal Procedure Code has been filed to prosecute the approver for which sanction is necessary from this Court.

2.It is evident from the order dated 05.10.2018 passed by the learned Sessions Judge, Mahila Court, Chengalpattu that a petition has been filed by the Inspector of Police and the accused were shown as respondents. Therefore, to ascertain as to whether sanction could be granted in absentia of the accused or notice should be given to the accused for providing an 1/2 http://www.judis.nic.in

Crl.O.P.No.16885 of 2018 N.KIRUBAKARAN, J.

and P.VELMURUGAN, J.

ay opportunity to the accused and thereafter, sanction could be ordered, this Court appoints Mr.G.Ravikumar, learned Counsel who is practising in this Court for long time to assist the Court as an amicus curiae. 3.Call the matter on 15.10.2019.

(N.K.K.,J.) (P.V.,J.) 24.09.2019 ay Note: Registry is directed to forward the copy of this order to Mr.G.Ravikumar, Amicus Curiae. 2/2 http://www.judis.nic.in