Baskar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.MP.Nos.4907 & 4910 of 2022 1.

Baskar 2.

Gunasekaran 3.

Murugaraj 4.

Elavarasan 5.

Karuppaiah 6.

Ilayarani 7.

Rasakannu 8.

Chandran 9.

Kasinathan

...Petitioners

Vs.

State rep. by Inspector of Police, Maruvathur Police Station, Perambalur.

Crime No.72 of 2014.

...Respondent

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Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. to set aside the order passed in Crl.MP.No.254 of 2020 in SC.No.60 of 2016 by learned Special Mahila Court, Perambalur against Crime No.72 of 2014 in the file of Inspector of Police, Maruvathur, Perambalur dated 10.01.2022.

For Petitioners : Mr.C.D.Johnson For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed seeking quashment of the order passed in Crl.MP.No.254 of 2020 in SC.No.60 of 2016 dated 10.01.2022 on the file of the Special Mahila Court, Perambalur.

2. The petitioners have filed a petition u/s. 227 of Cr.P.C. In Crl.MP.No.254 of 2020 in SC.No.60 of 2016, seeking to discharge them from the charges framed against them, which was dismissed by the trial, vide impugned order dated 10.01.2022. Challenging the same, the petitioners have filed the present revision.

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3. Though very many grounds have been raised by the petitioners against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners would contest the case and this Court, without going into the merits of the case may dispense with the appearance of the petitioners before the trial court.

4. Though such a prayer has been sought for, however, it is to be pointed out that the presence of the petitioners cannot be dispensed with in toto. In such view of the matter, this Court, without going into the merits of the case, directs that the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving copies u/s.207 and questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days. Page No.3 of 6

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected miscellaneous petitions are closed. 20.06.2024 (1/2) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To

1. The Inspector of Police, Maruvathur Police Station, Perambalur.

2. The Special Mahila Court, Perambalur.

3. The Public Prosecutor, Madras High Court.

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M.DHANDAPANI, J.

skt and Crl.MP.Nos.4907 & 4910 of 2022 (1/2) Page No.5 of 6

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