Syed Mohamed Buhari Siddique v. Bharathi Cement Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10897 of 2015 & MP. No.1 of 2015 Syed Mohamed Buhari Siddique .. Petitioner Vs 1.Bharathi Cement Corporation Pvt.Ltd., Rep. By its AGM Marketing D.Sathis Kumar, Registered Office Reliance Magestic Building, Door No.8-2-626, Road No.11, Banjara Hills, Hyderabad-500 034, Andhra Pradesh.
...Respondent/Complainant
1.M/s.Star Ready Mix Pvt Ltd, Formerly known as M/s.ETA Star Ready Mix Pvt. Ltd, Rep by its Director, Mohamed Jahufar Buhari, Crown Court, II Floor, Old No.34, New No.128, Cathedral Road, Chennai-600 086. ... Respondent/1st Accused 2.Mr.Mohamed Jahufar Bhurari, Director, M/s.Star Ready Mix Pvt Ltd, Formerly known as M/s.ETA Star Ready Mix Pvt Ltd, Rep by its Director, Mohamed Jahufar Buhari, Crown Court, II Floor, Old No.34, New No.128, Cathedral Road, Chennai-600 086.
...Respondent/2nd Accused
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in respect of C.C.No.203 of 2015 on the file of Fast Tract Court No.IV, Metropolitan Magistrate Court, George Town, Chennai and quash the same. For Petitioner :Mr.V.Ramamurthy
ORDER
Since this Court is not inclined to admit this petition, the learned Counsel for the petitioner seeks permission of this Court to withdraw the petition. At this juncture, the learned Counsel for the petitioner submits that the first accused is aged about 80 years old and therefore, petitioner's presence before the Trial Court, could be dispensed with.
https://hcservices.ecourts.gov.in/hcservices/
2.Accepting the submission of the learned Counsel for the petitioner, this Court directs the first accused to appear before the Trial Court for receiving complaint under Section 207 of Cr.P.C. for questioning, under Section 313 of Cr.P.C, on the day of passing judgment. On the other dates, the petitioner shall file a petition, undertaking that his counsel will cross examine the witness in his absence and that he will not dispute his identity. On such petition being filed, the learned magistrate shall liberally consider the same.
3. This Criminal Original Petition is dismissed with the above direction. Consequently, connected miscellaneous petition is also closed. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The IV Metropolitan Magistrate, George Town, Chennai.
2.do thro' The Chief metropolitan Magistrate, Chennai. +1 cc to Mr.V.Ramamurthy, Advocate,SR.27632.
Rsy(co) krd 23/6 Crl.OP No.10897 of 2015 https://hcservices.ecourts.gov.in/hcservices/