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Madras High CourtCRL OP/20162/2015withdrawn dismissed

S.Sagunthala Devi v. Kiri Industries Limited

2015-08-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP Nos.20162 & 20169 of 2015 and M.P.Nos. 1 &1, 2 & 2 of 2015 S.Sagunthala Devi ... Petitioner in both Crl.OPs Vs Kiri Industries Limited Mr.Suresh Gondalia is company Secretary Authorized person of Kiri Industries Limited Having its registered office at 7th Floor Hasubhai Chambers Opp. Town Hall Ellisbridge Ahmedabad - 380 006.

... Respondent in both Crl.OPs Prayer in both Crl.OPs :- Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records relating to the S.T.C.No.94 of 2015 & 93 of 2015 respectively pending on the file of the learned Judicial Magistrate, Fast Track Court - II, Erode and quash the same by allowing these criminal original petitions by appreciating the above stated facts and circumstances. For Petitioner : Mr.M.Guruprasad

ORDER

These criminal original petitions have been filed to call for the records relating to the S.T.C.No.94 of 2015 & 93 of 2015 respectively pending on the file of the learned Judicial Magistrate, Fast Track Court - II, Erode and quash the same by allowing this criminal original petition.

2. Heard the learned counsel appearing for the petitioner.

3. When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner sought permission to https://hcservices.ecourts.gov.in/hcservices/

withdraw this petition with liberty to raise all the points before the trial Court and he has also made an endorsement to that effect.

4. In view of the above, these petitions are dismissed as withdrawn with liberty to the petitioner to raise all the points before the trial Court.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner is a lady and that, her presence before the trial Court may be dispensed with.

6. The petitioner shall be appear for receiving the complaint, for questioning the accusation, under Section 313 Cr.P.C and on the date of judgment and for the other hearings, if the petitioner give an undertaking to cross-examine the witness even in the absence of the petitioner, the trial Court is directed to liberally consider the same and the presence of the petitioner could be dispensed with. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sms To

1. The Judicial Magistrate, Fast Track Court - II, Erode

2. -do- Through The Chief Judicial Magistrate, Erode +2cc's to Mr.M.Guruprasad, Advocate, S.R.No.42265 & 42267 Crl.OP Nos.20162 & 20169 of 2015 and M.P.Nos. 1 &1, 2 & 2 of 2015 SV(CO) CA(31/08/2015) https://hcservices.ecourts.gov.in/hcservices/