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Madras High CourtCRL OP/19732/2018withdrawn dismissed

Mrs.G.Umarani, Aged 55 Years, v. A.Arunkumar,

2018-08-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19732 of 2018 CRL.M.P.Nos.10463 & 10464 of 2018 G.Umarani .. Petitioner Vs A.Arunkumar .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for records and quash the proceeding of C.C.No.143 of 2018 on the file of the Judicial Magistrate Court No.I, Thiruppur.

For Petitioner : Mr.P.Sesubalan Raja

O R D E R

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

2.In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the points before the trial Court, after the charges are framed. Consequently, connected Miscellaneous Petitions are closed. 3.At this juncture, learned counsel for the petitioner submitted that the petitioner is living in Thanjavur and her presence before the trial Court may be dispensed with. 4.Accepting the submission, the petitioner/accused is directed to appear before the trial Court within two weeks from the date of receipt of a copy of this order and file an application under Section 436 Cr.P.C. and shall be released on bail on the same day, on executing a bond for Rs.5,000/- with two sureties to the satisfaction of the trial Court.

Thereafter, her presence may be dispensed with. The petitioner shall present before the trial Court to receive the complaint under Section 207 Cr.P.C., answer the question under Sections 251 Cr.P.C., 313 Cr.P.C. and on the date of judgment. For other hearings, if she files an application under Section 317 Cr.P.C., https://hcservices.ecourts.gov.

undertaking that she will not dispute her identity and that her counsel will cross-examine the prosecution witnesses on the day, they are examined in-chief, without adopting any dilatory tactics, the same shall be liberally construed. If the petitioner adopts any dilatory tactics, the trial Court shall insist upon her presence. If the petitioner absconds, a fresh FIR can be registered against her under Section 229-A IPC. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar gya To Judicial Magistrate Court No.I, Thiruppur.

+2cc to Mr.P.SUSUBALAN RAJA, Advocate, S.R.No. 54667 CRL.OP.No.19732 of 2018 MG(CO) TR(21/08/2018) https://hcservices.ecourts.gov.in/hcservices/