T.Janani v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.R.C.No.1063 of 2024 and Crl.M.P.No.9035 of 2024 T.Janani ... Petitioner Vs.

The State, Represented by the Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

Crime No.546 of 2019 ... Respondent PRAYER : Criminal Revision filed under Section 397 r/w Section 401 of the code of Criminal Procedure, 1973 to call for the records pertaining to the order dated 27.05.2024 in Crl.M.P.No.1052 of 2024 in C.C.No.530 of 2023 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Krishnagiri and set aside the same. For Petitioner :

Mr.E.Ganesh For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This criminal revision case has been filed to set aside the order dated 27.05.2024 made in Crl.M.P.No.1052 of 2024 in C.C.No.530 of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court, Krishnagiri.

2. The petitioner has filed a petition u/s 239 of Cr.P.C. seeking to discharge her from the charges under Sections 354 A(2) and 354 A(3) of IPC and Section 67 of IT Act before the learned Judicial Magistrate, Additional Mahila Court, Krishnagiri, which was dismissed by the trial Court vide impugned order, dated 27.05.2024. 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 before the trial Court 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 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, connected miscellaneous petition is closed. 26.06.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The learned Judicial Magistrate, Additional Mahila Court, Krishnagiri. 2.The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

3. The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

ssb and Crl.M.P.No.9035 of 2024 26.06.2024