M/S.Sri Ragavendra Mills v. Malarvizhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14229 of 2015 and M.P.Nos.1 and 2 of 2015 1.M/s.Sri Ragavendra Mills 2.P.Gayathri, Partner, M/s.Sri Ragavendra Mills 3.G.Brindha, Partner, M/s.Sri Ragavendra Mills ... Petitioners Vs Malarvizhi ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in STC.No.3514 of 2014 on the file of the Judicial Magistrate II, Pollachi and to quash the same. For Petitioners : Mr.M.N.Balakrishnan For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

Seeking a direction to quash the proceedings in STC.No.3514 of 2014 on the file of the Judicial Magistrate II, Pollachi.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. Since this Court is not inclined to admit the quash petition, the learned counsel for the petitioner sought permission to withdraw the same and accordingly, permission is granted with liberty to the petitioner to raise all the points before the Trial Court.

4. At this juncture, the learned counsel for the petitioner submitted that the accused 2 and 3 are ladies and their presence could be dispensed with. It is seen that the 1st petitioner/1st accused is Firm and someone has to necessarily represent the 1st https://hcservices.ecourts.gov.in/hcservices/

petitioner before the Trial Court. It is seen that petitioners 2 and 3 are partners in the 1st accused Firm. Therefore, presence of P.Gayathri the 2nd petitioner is dispensed with before the Trial Court except, (a)for receiving the complaint, (b)for answering the charges, (c)for questioning under Section 313 Cr.P.C and (d)on the day of Judgment.

For the other hearings, she is directed to file an application giving an undertaking that her counsel will cross examine the witness and will not delay the trial. She should also undertake that she will not dispute identity.

5. With the above direction, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To

1. The Judicial Magistrate No.II, Pollachi.

2. -do- Through The Chief Judicial Magistrate, Coimbatore.

CRL.OP.No.14229 of 2015 PPA(CO) Eu 10.07.15 https://hcservices.ecourts.gov.in/hcservices/