Madras High Court

CRL RC/1774/2026 of K.Easwari Vs A.Murugan on 25 September 2026

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CRL RC No. 1774 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 1774 of 2026

CNR:{HCMA011187582026}

AND CRL MP NO. 15678 OF 2026

K.Easwari

..Petitioner(s)

Vs

A.Murugan

..Respondent(s)

Prayer: Criminal Revision Petition is filed under Sections 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order of Dismissal Passed by the learned IV Additional District and Sessions Judge, Coimbatore made in Crl.A.No.29 of 2026 dated 26.02.2026 by confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court Magisterial Level I, Coimbatore, vide Judgment passed in STC No.160 of 2023

dated 19.11.2025.

For Petitioner(s):

Ms.V.Gayathri

For Respondent(s):

No Appearance

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ORDER

This Criminal Revision Case challenges the order dated 26.02.2026 passed by the learned IV Additional District and Sessions Judge, Coimbatore, dismissing the appeal filed by the petitioner against her conviction on the ground that she had not paid batta and was called absent.

CRL RC No. 1774 of 2026

2. Learned counsel for the petitioner would submit that the trial Court passed a judgment of conviction on 19.11.2025; that the petitioner had immediately filed an appeal before the Sessions Court on 21.11.2025, which was numbered on 21.01.2026; that it was listed for hearing for the first time on 26.02.2026 before the IV Additional District and Sessions Court, Coimbatore. Since the petitioner was absent on that day, the appeal was dismissed for non- prosecution, without giving her an opportunity to the petitioner to argue the case on merits.

3. Though notice had been sent to the respondent and his name is printed in the cause list, none appeared on his behalf.

4. Admittedly, the petitioner filed the appeal against the judgment of conviction. It is seen from the records that on the very first date of hearing, the appeal was dismissed for non-prosecution since the batta had not been paid and the petitioner/appellant was called absent.

5. It is well settled that an appeal against conviction cannot be disposed of in such a manner. The petitioner ought to have been given an opportunity to present her case on merits, even assuming that she had not paid batta and was called absent. Therefore, the impugned order dated 26.02.2026 passed by the learned IV Additional District and Sessions Judge, Coimbatore, is

CRL RC No. 1774 of 2026

set aside and the matter is remanded to the Sessions Court, Coimbatore, to decide the appeal as well as the petition seeking suspension of sentence, if any filed by the petitioner, on merits.

6. Accordingly, this Criminal Revision Case stands allowed. Consequently, the connected miscellaneous petition is closed. 25-09-2026 Neutral Citation: Yes/No ham To The IV Additional District and Sessions Judge, Coimbatore.

CRL RC No. 1774 of 2026

SUNDER MOHAN J. ham CRL RC No. 1774 of 2026 AND CRL MP NO. 15678 OF 2026 25-09-2026

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