The petitioner sought to set aside an order by the Principal Sessions Judge dismissing undisclosed anticipatory bail petitions filed by respondents. The court held the impugned order was non est, thereby dismissing the petition as infructuous.
The Criminal Original Petition is dismissed as infructuous; the connected miscellaneous petition is closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.24436 of 2009
and M.P.No.1 of 2009
Dr.Nirmala Dhevi .. Petitioner
Vs.
1.K.Giri Babu
2.K.Subramaniyampillai
3.Rani
4.The State
Rep. by Inspector of Police,
All Women Police Station,
Arakkonam, Vellore District. .. Respondents
Prayer:-Criminal Original Petition is filed under Section 439(2)
of Cr.P.C., to set aside the portion of the order passed in
Crl.M.P.No.4384 of 2009 dated 05.10.2009 on the file of the
Principal Sessions Judge, Vellore.
For Petitioner : Mr.P.Krishnan For Respondents : Mr.N.R.Rajagopalan (For R1 to R3) Mr.C.Emalias Addl Public Prosecutor (For R4) ORDER
The petitioner has come forward with this petition to set aside the order passed by the learned Principal Sessions Judge, Vellore in Crl.M.P.No.4384 of 2009 dated 05.10.2009.
2.The learned counsel for the petitioner submitted that the respondents 1 to 3 filed a petition for anticipatory bail in Crl.M.P.No.4384 of 2009 and the said petition was dismissed with a direction not to arrest the respondents 1 to 3. He further submitted that now the case has been registered against the respondents 1 to 3 in Crime No.10 of 2009 for the offences punishable under Sections 498(A), 506(i) of IPC and Sections 4 and 6 of Dowry Prohibition Act.
3.Heard the learned Additional Public Prosecutor appearing for the fourth respondent.
4.Considering the above submission made by the learned counsel for the petitioner, I am of the view that the order passed by the learned Principal Sessions Judge, Vellore is nonest in the eye of law and there is no necessity for passing any order. Hence, the Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.
cse
s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
To
1. The Inspector of Police,
All Women Police Station,
Arakkonam, Vellore District.
2. The Principal Sessions Judge,
Vellore.
3. The Public Prosecutor,
High Court, Madras.
ev(co)
prk25/4 Crl.O.P.No.24436 of 2009
and
M.P.No.1 of 2009
3 issues framed by the court
Whether the petition filed to set aside the order passed in Crl.M.P.No.4384 of 2009 which dismissed the anticipatory bail needs to be decided.
Whether the order passed by the Principal Sessions Judge in Crl.M.P.No.4384 of 2009 is non est and needs to be quashed.
Whether the Criminal Original Petition stands infructuous.
1 provisions across 1 enactments
Dr.Nirmala Dhevi
K.Giri Babu
K.Subramaniyampillai
Rani
The State
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
