N.Mohammed Yasin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)Nos.6927 & 6928 of 2023 1.N.Mohammed Yasin 2.Saleema Began @ Jaleel .. Revision Petitioners / /Accused Nos.1 &3 Vs.

The State represented by The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

.. Respondent /Complainant PRAYER: Criminal Revision filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records and set aside the order dated 20.03.2023 passed in Cr.M.P.No.1112 of 2022 in S.C.No.50 of 2022 on the file of the Mahila Fast Track Court, Dindigul and discharge the petitioners in S.C.No.50 of 2022.

For Petitioners : Mr.C.M.Arumugam for M/s.Mohanamurali.K For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate(Criminal side) Page No.1/4

O R D E R

The petitioners filed this revision challenging the dismissal of discharge petition filed by them in Cr.M.P.No.1112 of 2022.

2. The case of the prosecution is that the petitioners are said to have committed the offence under Sections 306 and 498A IPC. Hence, the petitioners filed discharge petition stating that there was no offence made out. Even as per the allegation made in the complaint, necessary ingredients of Section 306 IPC is not made out. Further even in the chief-examination conducted by the trial Court, there was no material produced to proceed further.

3. Heard the learned counsel for the petitioners as well as the learned Government Advocate(Criminal side) and perused the records.

4. At this stage, this Court is not inclined to go into the merits of the submissions of the learned counsel for the petitioner. Hence, this Court is inclined to dispose this revision petition with the following direction: (i) The learned Sessions Judge, Mahila Fast Track Court, Dindigul is directed to dispose of the S.C.No.50 of 2022 within a period of two months Page No.2/4

from the date of receipt of a copy of this order. (ii) The trial Judge shall independently decide the issue on the basis of the evidence adduced by the prosecution without getting influenced by the order passed in the Cr.M.P.No.1112 of 2022 dated 20.03.2023.

5. Accordingly, this Criminal Revision Case is disposed of. Consequently, connected miscellaneous petitions are closed. 11.08.2023 NCC : Yes/No Index :Yes/No Internet :Yes/No PJL To

1. The District Judge, Fast Track Mahila Court, Dindigul.

2. The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

PJL Order made in 11.08.2023 Page No.4/4