Madras High CourtCRL OP/17069/2015dismissed

Thulasiammal v. State Rep. By

2015-07-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.17069 of 2015 and MP.Nos.1,2 of 2015 1.Thulasiammal 2.Sundaresan 3.Udaya ... Petitioners Vs 1.State represented by The Inspector of Police, All Women Police Station, Cheyyar, Tiruvannamalai District.

2.Suguna ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.152 of 2014 on the file of the Judicial Magistrate, Cheyyar, Tiruvannamalai District and quash the entire proceedings in so far as the petitioners are concerned.

For Petitioner : Mr.C.R.Malarvanan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]

O R D E R

This petition has been filed to quash the proceedings in C.C.No.152 of 2014 on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. It is represented by the learned Additional Public Prosecutor that two witnesses has been examined by the Trial Court in C.C.No.152 of 2014. Under such circumstances, this petition is dismissed, with liberty to the petitioner to raise all the points before the Trial Court.

4. The presence of Thulasiammal/A2 and Sundaresan/A3 before the Trial Court is dispensed with, on condition that they file an https://hcservices.ecourts.gov.in/hcservices/

application giving an undertaking that their counsel will cross examine the witness and will not delay the trial. They should also undertake that they will not dispute identity. They shall be present before the Trial Court for questioning under Section 313 Cr.P.C and on the day of judgment.

With the above direction, this petition stands dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, All Women Police Station, Cheyyar, Tiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.R. Malaravan, Advocate SR.34655 CRL.OP.No.17069 of 2015 ALA(CO) EU 21.07.15 https://hcservices.ecourts.gov.in/hcservices/