Shamshath Begum v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2019
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.R.C.No.820 of 2019 and Crl.M.P.Nos.11987 & 11989 of 2019
1. Shamshath Begum
2. Tabassum Fathima
3. Parveen Fathima ..Petitioners/ Accused Vs.
State represented by Inspector of Police, (Law & Order), N1-Royapuram Police Station, Chennai - 600 013.
..Respondent/Complainant Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to set aside the order dated 16.07.2019 passed in Crl.M.P.No.29 of 2019 in S.C.No.504 of 2018 on the file of the XIX Additional Sessions Court, Chennai.
For Petitioners: Mr.M.Fazulul Haq For Respondent : Mr.G.Ramar Government Advocate (Crl. Side)
O R D E R
When this Court was about to dismiss the petition on merits, the learned counsel for the petitioners sought permission of this Court to withdraw this criminal revision petition. He has also made an endorsement to that effect. The learned counsel for the petitioners submitted that the petitioners are pardanashin women and their presence before the Trial Court may be dispensed with.
2. In view of the submission and the endorsement made in the revision petition, this criminal revision petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the Trial Court, after the charges are framed, since prima facie materials as there for framing the charges. The petitioners are directed to be present for answering the https://hcservices.ecourts.gov.in/hcservices/
charges, at the time of questioning under Section 313 Cr.P.C. and at the time of passing judgment. The petitioners shall file affidavits of undertaking, before the Trial Court that they will not dispute their identity and that their counsel will crossexamine the prosecution witnesses on the day, they are examined in-chief as held by the Hon'ble Supreme Court in Vinodh Kumar Vs. State of Punjab1. For other hearings, if the petitioners file applications under Section 317 Cr.P.C., the same shall be liberally construed. If the petitioners adopt any dilatory tactics, it is open to the trial Court to require their presence and take steps to remand them to custody under Section 309 Cr.P.C. as held by the Hon'ble Supreme Court in State of Uttarpradesh Vs. Shambu Nath Singh2. If the accused absconds, a fresh FIR can be registered against them under Section 229-A of IPC. Connected Crl.M.P.No.11987 of 2019 is closed. nsd Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The XIX Additional Sessions Judge, Chennai.
2. The Inspector of Police, (Law & Order), N1-Royapuram Police Station, Chennai - 600 013.
Copy to:- The Section Officer, V.R.Section, High Court, Madras - 104.
+2cc to M/s.Juris & Justia, Advocates, vide SR.No.73027 Crl.R.C.No.820 of 2019 Kak(12/09/2019) 1 2015[1] MLJ [Crl] 288 2 JT 2001[4] SC 319 https://hcservices.ecourts.gov.in/hcservices/