BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.07.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.591 of 2023 and Crl.M.P(MD).No.8564 of 2023 R.Kanmani ... Petitioner/Petitioner Vs.

1. The State rep. by The Inspector of Police, District Crime Branch, Dindigul.

(Crime No.76 of 2011)

2. Aswanth Kannan ... Respondents/Complainants (R2 is suo motu impleaded as per order of the Court, dated 27.06.2023 in Crl.M.P(MD).No.9082 of 2023)

PRAYER: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C., to call for the records relating to the order, dated 23.03.2023 made in Crl.M.P.No.547 of 2023 in C.C.No.16 of 2023 on the file of the Judicial Magistrate Court No.II, Dindigul dismissing the warrant recall petition filed under Section 70(2) Cr.P.C., by the petitioner and to set aside the same.

For Petitioner : Mr.M. Ajmalkhan Senior Counsel for M/s. Ajmal Associates For 1^st Respondent : Mr.T.Senthilkumar Additional Public Prosecutor For 2^nd respondent : Mr.K.Vinoharan

ORDER

This Criminal Revision is filed to call for the records relating to the order, dated 23.03.2023 made in Crl.M.P.No.547 of 2023 in C.C.No.16 of 2023 on the file of the Judicial Magistrate Court No.II, Dindigul, dismissing the warrant recall petition filed under Section 70(2) Cr.P.C., by the petitioner and to quash the same.

2. The petitioner and other accused are said to have committed offence under Sections 120B, 406, 420, 466, 471 & 506(i) IPC. Hence, the respondent police registered the case in Crime No.76 of 2011. After completing investigation, the respondent police filed the final report before the learned Judicial Magistrate No.II, Dindigul. The petitioner is arrayed as A3. All the accused filed the quash petition in Crl.O.P(MD)No.13961 of 2016 before this Court and this Court dismissed the quash petition and dispensed with the personal appearance of all the accused except this petitioner. Thereafter, this Court issued a direction to split up the case in C.C.No.298 of 2016 as against the petitioner alone and directed to continue the trial for the remaining accused. Accordingly, C.C.No.298 of 2016 was split up and C.C.No.16 of 2023 was assigned as against the petitioner. She did not appear and hence non-bailable warrant was issued on 21.12.2022 and to recall the same, she filed a petition under Section 70(2) Cr.P.C., and the same was dismissed. Challenging the said dismissal order, the petitioner filed this revision petition.

3. This Court by order, dated 27.06.2023 passed the following order in Crl.M.P(MD).No.9082 of 2023 in Crl.R.C(MD).No.591 of 2023:

“ The above petition has been filed seeking orders to implead the petitioner / proposed second respondent as a second respondent in Crl.R.C(MD).No.591 of 2023.

2. Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Government Advocate (Crl. Side) for the second respondent.

3.This petition is allowed and the Registry is directed to carry out the necessary amendments to the cause title. After making amendment, notice is ordered to the second respondent returnable by 04.07.2023. Private Notice is also permitted.

4. Post the matter on 04.07.2023.”

4. Thereafter, the case was posted on 04.07.2023. On that day, this Court passed the following order:

“The petitioner / A3 has filed a petition in Crl.M.P.No.547 of 2023 before the learned Judicial Magistrate No.II, Dindigul, to recall the warrant issued against her.

2.From the record, it is revealed that the petitioner along with other accused filed a quash petition in Crl.O.P(MD).No.13961 of 2016 before the Court and the same was dismissed on 26.11.2019. The learned trial Judge required her presence to frame charges and consequential questioning to answer the charge. But, she did not appear on 13.09.2021, 18.10.2021, 22.10.2021, 06.06.2022,, 20.06.2022, 06.07.2022,, 27.07.2022, 17.08.2022, 12.10.2022, 16.12.2022 and 21.12.2022 and she filed several petitions under Section 317 Cr.P.C., Finall