Madras High CourtCRL OP/24510/2016withdrawn dismissed

K.R.Vinayagam (42) v. State Rep. By

2016-11-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.24510 of 2016 and Crl.M.P.Nos.11740 and 11741 of 2016 K.R.Vinayagam Petitioner vs.

State rep by Inspector of Police CSCID Pollachi Coimbatore District Respondent Cr.No.314/2015 Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records relating to C.C.No.130 of 2015 on the file of the Judicial Magistrate No.IV, Coimbatore and quash the same.

For petitioner Mr.M.N.Balakrishnan For Respondent Mr.C.Emalias Additional Public Prosecutor

ORDER

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

Permission is granted.

Accordingly, this petition is dismissed as withdrawn with liberty to raise also points before the trial Court. Consequently, connected miscellaneous petitions are closed.

2. At this juncture, the learned counsel for the petitioner submitted that the presence of the petitioner before the trial Court may be dispensed with.

3. Accepting his submission, the presence of the petitioner before the trial Court shall be dispensed with on condition https://hcservices.ecourts.gov.in/hcservices/

that, he shall be present 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. He shall file an affidavit of undertaking before the Trial Court that he will not dispute his identity and that the counsel named by him in the affidavit will cross-examine the prosecution witnesses on the day they are examined-in-chief, as held by the Supreme Court in Vinod Kumar vs. State of Punjab, [2015 (1) MLJ (Crl.) 288]. If the petitioner adopts any dilatory tactics, it is open to the Trial Court to insist upon his presence and remand him to custody as laid down by the Supreme Court in State of Uttar Pradesh vs. Shambhu Nath Singh [JT 2001 (4) SC 319]. If thereafter the petitioner absconds, the trial Court shall direct registration of an FIR against her u/s 229-A IPC. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police CSCID,Pollachi, Coimbatore District.

2.The Judicial Magistrate No.IV, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P. No.24510 of 2016 MD : 22/11/2016 https://hcservices.ecourts.gov.in/hcservices/