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Madras High CourtCRL RC/988/2022disposed of

Ayyanar v. The State Rep By Its,

2024-04-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and CRL.M.P.No.10349 of 2022

1. Ayyanar

2. Santhi

...Petitioners

Vs.

1. The State represented by Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

2. Kanaka ..Respondents Petition filed under Section 397 r/w 401 of Code of Criminal Procedure to call for the records made in C.M.P.No.650 of 2022 in Spl.S.C.No.16 of 2020 dated 08.03.2022 on the file of Principal Sessions Court, Salem and set aside the same to secure the ends of justice. 1/6

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case is filed against the order of passed in C.M.P.No.650 of 2022 in Spl.S.C.No.16 of 2020 dated 08.03.2022 on the file of Principal Sessions Court, Salem.

2. The petitioners have filed a discharge petiiton u/s 227 of Cr.P.C. to discharge them from the charges levelled against them, before the Principal Sessions Court, Salem in C.M.P.No.650 of 2022 in S.C.No.16 of 2020, which was dismissed by the trial Court vide impugned order, dated 08.03.2022. Challenging the same, the petitioners have filed the present revision.

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 2/6

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.

5. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected criminal miscellaneous petition is closed. In view of the order passed in Crl.R.C.No.988 of 2022, no order needs to be passed in Crl.M.P.No.10350 of 2022 filed seeking to dispense with the personal 3/6

appearance of the petitioners. Accordingly, the Crl.M.P.No.10350 of 2022 stands closed.

24.04.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6

To

1. The Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

2. The learned Principal Sessions Court, Salem.

3. The Public Prosecutor High Court, Madras.

5/6

M.DHANDAPANI, J.

rap and CRL.M.P.No.10349 of 2022 24.04.2024 6/6