PRATAP K MOTURI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been preferred challening the order dtd. 21/6/2022 made in Crl.M.P.No.44 of 2022 in C.C.No.46 of 2013 on the file of the learned Special Metropolitan Magisterial Land Grabbing Court No.I, Egmore at Allikulam, Chennai.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and also perused the materials available on record.

(3.) The revision petitioner/de-facto complainant has filed a complaint against the second respondent and yet another. Based on the complaint, the first respondent/Police registered a case against the second respondent herein/A2 for the offences under Sec. 420 r/w 34 IPC and Sec. 175 r/w 34 IPC. After investigation, the first respondent/Police laid a charge sheet before the Special Metropolitan Magisterial Land Grabbing Court No.I, Egmore at Allikulam, Chennai. The learned Magistrate has taken the case on file in C.C.No.46 of 2013. After framing charges, on completion of the examination of the prosecution side witnesses, the case was listed for questioning under Sec. 313(5) r/w 317 of Code of Criminal Procedure. At this stage, the second respondent/accused has filed a petition before the Court below seeking to dispense with her personal appearance before the trial Court and also to permit her to file a written statement for the questionnaire under Sec. 313 Cr.P.C. The trial Court, after considering the facts and circumstances and the reasons stated by the accused, has allowed the petition and dispensed with the personal appearance of the second respondent for questioning under Sec. 313 Cr.P.C. Challenging the said order, the petitioner/de-facto complainant has filed the present revision petition.