Crl.R.C.(MD).No.591 of 2023

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.

1/14

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

Crl.R.C.(MD).No.591 of 2023

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

2/14

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

Crl.R.C.(MD).No.591 of 2023

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

3/14

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

Crl.R.C.(MD).No.591 of 2023

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,