Pon Murugesan v. The State Rep. By Its

yIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9501 of 2015 and M.P.No.1 of 2015 1.Pon Murugesan 2.Oba @ Ramachandiran 3.Thamizharasan 4.Ramu 5.Janifa 6.Parvathy .. Petitioners Vs 1.The State Rep. By its Inspector of Police, C-2.Sunguvarchathiram Police Station, Kancheepuram District.

2.Rangasamy .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.11 of 2014 on the file of the Judicial Magistrate, Sriperumbudur and quash the same. For Petitioners : Mr.T.Arul For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1

ORDER

This petition is filed to quash the proceedings in C.C.No.11 of 2014 on the file of the learned Judicial Magistrate, Sriperumbudur.

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 juncture, the learned counsel for the petitioners submit that the 5th and 6th petitioners being ladies their presence may be dispensed with.

3. Accepting the submission of the learned counsel for the petitioners, this Court directs the 5th and 6th 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. https://hcservices.ecourts.gov.in/hcservices/

For the other hearings, the 5th and 6th 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. The trial Court is directed to conduct the trial in C.C.No.11 of 2014 and dispose of the same as expeditiously as possible.

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of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn with liberty to raise all the points before the trial Court.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, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, C-2.Sunguvarchathiram Police Station, Kancheepuram District.

2.The Judicial Magistrate, Sriperumbudur.

3. do thro the Chief Judicial Magistrate Kancheepuram 4.The Public Prosecutor, High Court, Madras.

1 cc to Mr.T.Arul, Advocate, Sr. 27693 Crl.OP No.9501 of 2015 KK (CO) kk 22/6 https://hcservices.ecourts.gov.in/hcservices/