Balasudhakar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.11321 of 2014 and M.P.Nos.1 & 2 of 2014 1.Balasudhakar 2.Subramaniam 3.Muthulakshmi ... Petitioners Vs 1.The State rep. by The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

2.Arulselvi ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.154 of 2013 on the file of the learned Judicial Magistrate, Rasipuram and to quash the same. For Petitioners : Mr.S.Paul Gnanamuthu For Respondents : Mr.C.Emalias, Additional Public Prosecutor [for R1] : Mr.M.V.Muralidharan [for R2]

O R D E R

The learned counsel for the petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. At this juncture, the learned counsel for the petitioners submits that the petitioners 2 and 3 are senior citizens and their presence could be dispensed with before the Trial Court.

3. Accepting the submission of the learned counsel for the petitioners, this Court directs the petitioners 2 and 3/accused 2 and 3 to appear before the Trial Court for receiving papers under Section 207 Cr.P.C, at the time of framing charge and for examination under Section 313 Cr.P.C and on the day of judgment. https://hcservices.ecourts.gov.in/hcservices/

Their appearance may be dispensed with on the other dates, if the petitioners file a petition undertaking that their counsel will examine the witnesses, even in their absence and they will not unnecessary take adjournment and they will not dispute their identity. The Trial Court is directed to liberally consider the same. The Trial Court is directed to expeditiously complete the trial, within a period of six months, from the date of receipt of a copy of this order.

4. In view of the above endorsement made by the learned counsel for the petitioners, this petition is dismissed as withdrawn, with liberty to the petitioners to raise all the points before the trial court. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Judicial Magistrate, Rasipuram.

2.The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.V.Muralidaran, Advocate, S.R.No.29983 +1cc to Mr.S.Paul Gnanamuthu, Advocate, S.R.No.29731 CRL.OP.No.11321 of 2014 BR(CO) CA(30/06/2015) https://hcservices.ecourts.gov.in/hcservices/