Kumuthavalli v. State Rep By

n i m p l i c a t i o n o f t h e s e r i o u s n a t u r e o f c r i m i n a l p r o c e e d

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022 CORAM :

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRIMINAL REVISION CASE NO.1096 OF 2021 AND CRL.M.P.NO.14037 OF 2021 Kumuthavalli

...Petitioner

..Vs..

State Rep. By The Inspector of Police, District Crime Branch, Thiruvallur District, Tiruvallur.

...Respondent

PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of the Code of Cr.P.C to call for the records relating to the Order in Crl.M.P.No.1909 of 2020 in C.C.No.125 of 2018 dated 06.05.2021 on the file of the Judicial Magistrate Court No.I at Tiruvallur and set aside the same and allow the revision petition.

For Petitioner :

Mr.K.Premkumar For Respondent :

Mr.S.Sugendran, Government Advocate (crl.side)

O R D E R

(The case has been heard through video conferencing) This Criminal revision petition has been filed against the dismissal of the discharge petition.

2.The brief facts of the case is that the petitioner is the third accused in this case. The respondent has filed a final report against the petitioner and the two other accused as if they conducted unauthorized chits and collected monthly installments and did not pay to certain individuals, who are main witnesses in the chargesheet. The respondent had filed a complaint for the offences under sections 406 and 420 I.P.C. The petitioner had filed application for discharge under section 239 Cr.P.C. The trial court finding that the materials are available against the petitioner for framing charge in the form

of statement from the witnesses, had dismissed the application against which, the present revision has been filed. 3.Learned counsel for the petitioner would submit that the petitioner is innocent and she has been roped in this case only because she is the daughter of the main accused in this case. He would further submit that on the date of filing F.I.R., the petitioner was pregnant of 5 months and she did not commit any offence as alleged and that she did not receive any money from any of the witnesses/victims.

4.Per contra, Mr.S.Sugendran, learned Government Advocate (crl side) would submit that the petitioner along with other accused was running unauthorised chit and collected money from 28 individuals. There are materials available against the petitioner for framing charges in the form of statement recorded from the victims. One Chitra, Pushpa, Mani, Revathi and few other witnesses have stated that the petitioner along with the other accused was running unauthorized chit and she has also collected money from the witnesses/victims. The petitioner along with the other accused totally cheated to the tune of Rs.34,33,000/- and there are specific materials available against the petitioner.

5. This Court finds that there are materials available against the petitioner for framing charges. The Trial Court, at the stage of deciding the petition for discharge can conduct a mini trial or roving enquiry.

6. At this juncture, learned counsel for the petitioner would seek permission to withdraw this petition. However, he would submit that the petitioner has small child and she finds it difficult to appear before the Court on all hearing dates and he would pray that the personal appearance of the petitioner before the Trial Court may be dispensed with.

7. In view of the above, this Criminal revision stands dismissed as withdrawn. However, taking into consideration the submissions made by the learned counsel that the petitioner has a small child, personal appearance of the petitioner before the Trial Court is dispensed with on condition that the she will be duly represented by her counsel on all hearing dates and she will be present at the time of framing charges, at the time of questioning under Section 313 of Cr.P.C and at the time of pronouncing Judgment. The petitioner is further directed to give an undertaking in the form of affidavit that the counsel representing her will cross examine the prosecution witnesses on the same day when they are examined in chief. The petitioner shall not dispute the identity of the witnesses and the petitioner shall appear before the Trial Court in the event of

her presence being insisted by the Trial Court for the identification of parties. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar vri/shk To 1.The Judicial Magistrate Court No.I, Tiruvallur.

2.The Chief Judicial Magistrate, Tiruvallur.

(for information) 3.The Inspector of Police, District Crime Branch, Thiruvallur District, Tiruvallur.

4.The Public Prosecutor, High Court, Madras.

+3ccs to Mr.K.Premkumar, Advocate SR.No.458 Criminal Revision Case No.1096 of 2021 and Crl.M.P.No.14037 of 2021 PA(CO) RVM(21/01/2022)