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Madras High CourtCRL RC/1179/2016withdrawn dismissed

Radha, W/O. Palanisamy, v. The State Rep. By Inspector Of

2016-11-23Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1179 of 2016 & Crl.M.P.Nos.10491 and 10492 of 2016 1.Radha 2.Mallika 3.Malarkodi 4.Vijaya 5.Arulkodi .. Petitioners/ Accused 2 to 6 vs.

1.State by The Inspector of Police, Tharamangalam Police Station Salem District

...Respondent/ Complainant

2.Sulochana ... Respondent/ Defacto Complainant Criminal Revision filed under Section 397 r/w 401 Cr.P.C. against the order passed by the learned Sessions Judge, Mahila Court, Salem in Crl.M.P.No.243 of 2016 in S.C.No.54 of 2014 in Crime No.98 of 2012 on 05.08.2016.

For Petitioners :

Mr.S.Doraisamy For Respondent :

Mr.K.Madhan Government Advocate (Crl.side) for R1

O R D E R

Learned counsel for the petitioners seeks permission of this Court to withdraw the Criminal Revision and has also made an endorsement to that effect.

2. This Court permits the withdrawal of the present revision which is dismissed as withdrawn. However, learned counsel has submitted that the first accused/husband of the deceased was arrested on 29.03.2012 on allegatino of offence u/s. 376 IPC committed by him against a girl studying under him. Learned counsel submits that such is the reason why the deceased https://hcservices.ecourts.gov.in/hcservices/

left the matrimonial home on that very date, went over to her mother's house from where she had gone to her maternal uncle's house and had resorted to suicide by hanging on 30.03.2012. Learned counsel has also submitted that the petitioners have been roped as accused since they happened to be sisters of the first accused. They are all living separately and independently at different places and had nothing to do with the occurrence. In the circumstances, this Court directs the trial Court to dispense with the personal appearance of petitioners before it, upon their swearing to an affidavit informing their address for service, that they duly would be represented by their counsel on all hearing dates, that they would, at no instance, dispute their identity and that, they would appear before the trial court as and when required. Upon the petitioners doing so, the trial court may seek the presence of the petitioners before it, solely on the important hearing dates. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To 1.The Sessions Judge, Mahila Court, Salem 2.The Inspector of Police, Tharamangalam Police Station Salem District 3.The Public Prosecutor, High Court, Chennai.

1 c to Mr.S. Doraisamy, Advocate, Sr. 68052 Crl.R.C.No.1179 of 2016 SCD (CO) kk 29/12 https://hcservices.ecourts.gov.in/hcservices/