Madras High CourtCRL OP/18332/2016withdrawn dismissed

Vallatharasu, M/35 (A1) v. The State Rep. By

2016-08-18Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.18332 of 2016 and Crl.MP.Nos.8677 & 8678 of 2016

1. Vallatharasu

2. Gangaiammal

3. Ilangovan

4. Devi @ Devasena

5. Rajathi @ Maragatham

6. Karpagam

7. Anushka @ Anusuya

8. Madhavi .. Petitioners/Accused Vs

1. The State Rep.by The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai. .. 1st Respondent / Complainant

2. V.Selvi .. 2nd Respondent / Defendants Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the proceedings in C.C.No.873 of 2014, pending on the file of the Judicial Magistrate, Alandur, Chennai.

For Petitioners :

Mr.S.Sugendran For Respondent :

Mr.C.Emalias, No.1 Addl.Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records and quash the proceedings in C.C.No.873 of 2014, pending on the file of the Judicial Magistrate, Alandur, Chennai.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first

respondent.

3. When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner sought permission to withdraw this petition and he has also made an endorsement to that effect.

4. In view of the above, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the Trial Court. Consequently, connected miscellaneous petitions are closed.

5. At this juncture, the learned counsel for the petitioners prayed for dispensing with the personal appearance of the petitioners in the Trial Court.

6. Recording his submission, this Court directs the petitioners to appear before the trial Court, for receiving the charge sheet, for answering the charge, at the time of questioning under Section 313 Cr.P.C., and at the time of passing judgment. The petitioners shall file an affidavit of undertaking before the trial Court that they will not dispute their identity and that their counsel will cross-examine the prosecution witness on the day, they are examined in-chief and that they will not adopt dilatory tactics. On such undertaking, the trial Court shall dispense with the personal appearance of the petitioners 2, 4 to 8. If the petitioners adopt any dilatory tactics, the trial Court can insist on their presence. s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar kmi/sms To

1. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

2. The Judicial Magistrate, Alandur, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr. S. Sugendra, Advocate SR. 47368 Crl.OP No.18332 of 2016 and Crl.MP.Nos.8677 & 8678 of 2016 GJV (CO) MD : 07/09/2016