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Madras High CourtCRL OP/5449/2015withdrawn dismissed

Khursheed Begum v. The Inspector Of Police

2015-06-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.5449 of 2015 and M.P.Nos.1 and 2 of 2015 1.Khursheed Begum 2.Shamshad Misbah

...Petitioners

Vs

1. The Inspector of Police, W-13, All Women Police Station, Washermenpet Range, Chennai.

(Crime No.12 of 2014)

2. Kulnas

...Respondents

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings pending trial in C.C.No.64/2015 on the file of the XV Metropolitan Magistrate, George Town, Chennai.

For Petitioner :

Mr.C.V.Kumar For Respondents :

Mr.C.Emalias, Additional Public Prosecutor for R1

ORDER

This petition is filed to quash the proceedings in C.C.No.64 of 2015 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai.

2. Since this Court was not inclined to admit this Criminal Original Petition, permission has been sought for by the petitioners to withdraw this petition and he has also made an endorsement to that effect. Permission is granted. At this https://hcservices.ecourts.gov.in/hcservices/

juncture, the learned counsel for the petitioners submit that the petitioners being ladies their presence may be dispensed with.

3. Accepting the submission of the learned counsel for the petitioners, this Court directs the petitioners to appear before the trial Court for receiving the final report under Section 207 Cr.P.C., for answering the charge, for answering the question under Section 313 Cr.P.C. and on the date of judgment. For the other hearings, the petitioners shall file a petition before the trial Court that their counsel will cross examine the witnesses without insisting for their presence and that they will not dispute the identity. On such petition is being filed, the trial Court is directed to liberally consider the same and dispense with their presence for the other hearings.

4. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn with liberty to raise all the points before the trial Court. Consequently, M.P.No.1 of 2015 is closed and M.P.No.2 of 2015 is disposed of with the above direction. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsm To

1. The Inspector of Police, W-13, All Women Police Station, Washermenpet Range, Chennai.

2. The XV Metropolitan Magistrate, George Town, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.OP No.5449 of 2015 and M.P.No.1 & 2 of 2015 MP (CO) PSI (22.06.2015) https://hcservices.ecourts.gov.in/hcservices/