Anjali v. Gayathri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.

Anjali 2.

Dhayalan 3.

Sangar 4.

Rasukutti

...Petitioners

Vs.

1.

Gayathri 2.

State rep. by, The Inspector of Police, All Women Police Station, Arakkonam, Vellore District.

Cr.No.5 of 2017

...Respondents

Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. to set aside the order dated 19.11.2021 made in CMP.No.863 of 2019 in SC.No.175 of 2018 on the file of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore and to allow the above criminal revision petition.

Page No.1 of 6

For Petitioners : Mr.S.N.Arunkumar For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side), for R2

ORDER

This Criminal Revision case has been filed seeking quashment of the order passed in CMP.No.863 of 2019 in SC.No.175 of 2018 dated 19.11.2021 on the file of the Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore.

2. The petitioners have filed a petition u/s. 239 of Cr.P.C. in CMP.No.863 of 2019 in SC.No.175 of 2018, seeking to discharge them from all the charges framed against him, which was dismissed by the trial, vide impugned order dated 19.11.2021. 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 Page No.2 of 6

for hearing today, the learned counsel appearing for the petitioners submitted 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 are necessary, the trial court, at its wisdom, shall direct their appearance on those days. Page No.3 of 6

5. Accordingly, this Criminal Revision Case stands dismissed. 12.07.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To

1. The Inspector of Police, All Women Police Station, Arakkonam, Vellore District.

2. The Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Vellore.

3. The Public Prosecutor, Madras High Court.

Page No.4 of 6

M.DHANDAPANI, J.

skt Page No.5 of 6

12.07.2024 Page No.6 of 6