Mubarakdeen v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.MP.No.9434 of 2022 Mubarakdeen

...Petitioner

Vs.

State rep. by Inspector of Police, Pudhupalayam Police Station, Tiruvannamalai District.

...Respondent

Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. to set aside the order dated 06.03.2024 in Crl.MP.No.684 of 2023 in Spl.SC.No.138 of 2022 passed by the Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai.

For Petitioner : Mr.M.Mariappan 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.684 of 2023 in Spl.SC.No.138 of 2022 dated 06.03.2024 on the file of the Special Court for Exclusive trial of Page No.1 of 4

cases under POCSO Act, Tiruvannamalai..

2. The petitioner has filed a petition u/s. 227 of Cr.P.C. In Crl.MP.No.684 of 2023 in Spl.SC.No.138 of 2022, seeking to discharge him from the charges framed against him, which was dismissed by the trial, vide impugned order dated 06.03.2024. Challenging the same, the petitioner has filed the present revision.

3. Though very many grounds have been raised by the petitioner against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner would contest the case and this Court, without going into the merits of the case may dispense with the appearance of the petitioner 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 petitioner 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 petitioner before the trial court is dispensed with except for his appearance for the purpose of Page No.2 of 4

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 petitioner is necessary, the trial court, at its wisdom, shall direct his appearance on those days.

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected miscellaneous petition is closed. 02.07.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To

1. The Inspector of Police, Pudhupalayam Police Station, Tiruvannamalai District

2. The Special Court for Exclusive trial of cases under POCSO Act, Tiruvannamalai.

3. The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

skt Page No.3 of 4

and Crl.MP.No.9434 of 2022 02.07.2024 Page No.4 of 4