Rahima Begam, Age 45 Years, v. Mrs. Mabel Leyanstic,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1189 of 2016 Rahima Begam W/o.Fazil Hussain .. Petitioner vs.

Mrs.Mabel Leyanstic .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. to call for the records and to set aside the dismissal order dated 26.07.2016 passed by the learned XXIII Metropolitan Magistrate, Saidapet. in M.P.No.3777 of 2016 in C.C.No.---- of 2016 and consequently direct for a fresh trial.

For Petitioner : Mr.G.V.Sridharan For Respondent : Mr.D.Saraswathi *****

O R D E R

Challenging the dismissal order dated 26.07.2016 passed in M.P.No.3777 of 2016 in C.C.No.-- of 2016 by learned XXIII Metropolitan Magistrate, Saidapet, present revision has been filed.

2.Heard learned counsel for petitioner and learned counsel for respondent.

3.Learned counsel for petitioner submits that complainant was unable to be present before Court below due to observance of advocates' boycott during the relevant period. 4.Considering the said submission, this Court is inclined to set aside the order under challenge. Accordingly, Criminal Revision case stands allowed. The order of learned XXIII Metropolitan Magistrate, Saidapet passed in M.P.No.3777 of 2016 in C.C.No.---- of 2016 dated 26.07.2016, shall stand set aside. https://hcservices.ecourts.gov.in/hcservices/

The complaint dated 15.03.2016 filed by petitioner in C.C.No.---- of 2016 is restored on file. Learned XXIII Metropolitan Magistrate, Saidapet is directed to proceed further in accordance with law.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cla To 1.The XXIII Metropolitan Magistrate, Saidapet.

2.The Public Prosecutor, High Court, Madras.

Crl.R.C.No.1189 of 2016 sv1(co) ss(7/3/2017) https://hcservices.ecourts.gov.in/hcservices/