Saraswathy v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.MP.Nos.8448 & 8449 of 2024 Saraswathy

...Petitioner

Vs.

The State of Tamil Nadu, Rep. By Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39.

...Respondent

Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. To set aside the order passed in Crl.MP.No.207 of 2021 in CC.No.25 of 2018 dated 01.02.2024 on the file of the Hon'ble Additional Mahila Court, Egmore, Chennai.

For Petitioner : Mr.V.Parthiban for Mr.A.Ilayaperumal For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) Page No.1 of 4

ORDER

This Criminal Revision Case has been filed seeking quashment of the order passed in Crl.MP.No.207 of 2021 in CC.No.25 of 2018 dated 01.02.2024 on the file of the Additional Mahila Court, Egmore, Chennai.

2. The petitioner has filed a petition u/s 239 of Cr.P.C. seeking to discharge her from the charges under Section 498(A), 494, 495 and 109 of IPC in CC.No.25 of 2018 before the learned Additional Mahila Court, Egmore, Chennai, which was dismissed by the trial vide impugned order, dated 01.02.2024. 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 Page No.2 of 4

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

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected miscellaneous petitions are closed. 14.06.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No M.DHANDAPANI, J.

Page No.3 of 4

skt To

1. The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39.

2. The Additional Mahila Court, Egmore, Chennai.

3. The Public Prosecutor, Madras High Court.

and Crl.MP.Nos.8448 & 8449 of 2024 14.06.2024 Page No.4 of 4