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Madras High CourtCRL RC/1133/2024dismissed

Abdul Hakkim v. The State Rep. By

2024-07-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.No.9500 of 2024 Abdul Hakkim ... Petitioner Vs.

1. The State, Represented by The Inspector of Police, Pollachi Town Police Station, Pollachi.

2. Victoria Shanthi ... Respondents PRAYER : Criminal Revision filed under Section 397 r/w 401 of the code of Criminal Procedure, to set aside the order dated 06.03.2024 in Crl.M.P.No.5756 of 2023 on the file of the learned III Additional District and Sessions Court, Coimbatore Division, Coimbatore. For Petitioner :

Mr.R.Shankar For Respondent :

Mr.A.Gopinath Govt. Advocate (Crl.Side) for R1

O R D E R

The criminal revision case is filed against the impugned order dated 06.03.2024 passed in Crl.M.P.No.5756 of 2023 by the learned III Additional District and Sessions Judge, Coimbatore Division, Coimbatore.

2. The case of the petitioner is that the petitioner is arrayed as accused in C.C.No.60 of 2016 under Sections 294(b) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1988 before the learned Judicial Magistrate No.I, Pollachi and the same was ended in conviction on 12.03.2021. As against the order of conviction, the petitioner has preferred a criminal appeal in Crl.A.No.116 of 2021 before the learned III Additional District and Sessions Judge, Coimbatore. Pending appeal, the petitioner has filed a petition under Section 320 of Cr.P.C. in Crl.M.P.No.5756 of 2023 for compounding the appeal and the said petition was dismissed. Challenging the same, the present revision has been filed by the petitioner.

3. The learned counsel appearing for the petitioner submitted that without going into the merits of the case, this Court may issue a direction to the appellate Court to dispose of Crl.A.No.116 of 2021 within a stipulated time fixed by this Court.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent has no objection to the submission made by the learned counsel for the petitioner.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, directs the learned III Additional District and Sessions Judge, Coimbatore to dispose of Crl.A.No.116 of 2021and pass appropriate orders, on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is closed. 03.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The learned III Additional District and Sessions Judge, Coimbatore Division, Coimbatore.

2. The learned Judicial Magistrate No.I, Pollachi.

3. The Inspector of Police, Pollachi Town Police Station, Pollachi.

4. The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

vji and Crl.M.P.No.9500 of 2024 03.07.2024