Dismissed

Yasar Arafath v. the Inspector of Police

Madras HC3 Jul 2024CRL RC/476/2024

Case brief

AI extract

What is this about?

This Court revised an order dismissing a discharge petition. It directed that while the petitioners may contest in the trial court, their physical appearance need not be dispensed with entirely; they must appear to receive copies, undergo 313 Cr.P.C. examination, and on the day of judgment pronouncement. The revision petition was dismissed.

What did the court decide?

Petitioners to appear for receiving copies, Section 313 Cr.P.C. and judgment pronouncement only.

Yasar Arafath Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2024)

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Crl.R.C.No.476 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2024

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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Crl.R.C.No.476 of 2024

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and Crl.MP.Nos.4538 & 4539 of 2024

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Yasar Arafath

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Abbas

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Fathima 4. Yasmeen 5. Mumtaj ... Petitioners

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Vs.

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The State Rep. by The Inspector of Police, All Women Police Station, Tiruppur South, Tiruppur District. (Crime No.2/2022)

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Anusiya Begam W/o.Yasar Arafath 20/27, Chellapapuram, 5^th cross street,Tiruppur. (R2 suo motu impleaded as per order dated 28.03.2024 in Crl.Rc.No.476/2024 by this Court) ... Respondents

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Prayer : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, to call for the records relating to the order made in Crl.MP.No.3507 of 2023 in CC.No.813 of 2022 dated

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.476 of 2024

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31.08.2023 on the file of the Additional Mahila Court, Tiruppur, Tiruppur District and set aside the same.

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For Petitioner : Mr.C.Prakash For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side)

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ORDER

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This Criminal Revision case has been filed seeking quashment

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of the order made in Crl.MP.No.3507 of 2023 in CC.No.813 of 2022 dated 31.08.2023 on the file of the Additional Mahila Court, Tiruppur, Tiruppur District.

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The petitioners are an accused in Cr.No.2 of 2022 on the file of the respondent and they filed charge sheet against the petitioners and the same was numbered as CC.No.813 of 2022 for the alleged offence under Section 498A, 323, 506(2) read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 read with Section 4 of Dowry Prohibition Act, 1961, in which, the petitioner filed a petition u/s. 239 of Cr.P.C. in Crl.MP.No.3507 of 2023, seeking to discharge them from the charges framed against them, which was dismissed by the trial,

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.476 of 2024

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vide impugned order dated 31.08.2023. Challenging the same, the petitioners have filed the present revision.

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Though very many grounds have been raised by the petitioners against the order impugned, however, when the matter is taken up for hearing today, the learned counsel appearing for the petitioners submitted that the petitioners 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.

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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, direct that the appearance of the petitioners before the trial court is dispensed with except for his 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 is necessary, the trial

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.476 of 2024

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court, at its wisdom, shall direct his appearance on those days.

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5. Accordingly, this Criminal Revision Case is dismissed.

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03.07.2024

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Index: Yes/No Speaking/Non-Speaking order Rli

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1.The Inspector of Police, All Women Police Station, Tiruppur South, Tiruppur District.

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2. The Additional Mahila Court, Tiruppur, Tiruppur District.

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3. The Public Prosecutor, High Court of Madras.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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Crl.R.C.No.476 of 2024

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M.DHANDAPANI, J.

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rli

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Crl.R.C.No.476 of 2024

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03.07.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Yasar Arafath v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Yasar Arafath v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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