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Madras High CourtCRL OP/9091/2016withdrawn dismissed

Sharfunnissa, v. State Of Tamil Nadu Rep. By

2016-06-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.9091 of 2016 and CRL.MP.Nos.4704, 4705 of 2016 Sharfunnissa .. Petitioner Vs 1.State of Tamil Nadu rep by The Inspector of Police, AWPS, Panruti-607 106.

Cuddalore District.

2.Shameem Banu .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.9 of 2015 on the file of the learned Judicial Magistrate-I, Panruti, Cuddalore and quash the same.

For Petitioner : Mr.R.Abdul Mubeen For 1st Respondent : Mr.C.Emalias, APP

O R D E R

When this Court was about to dismiss the case on merits, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. At this juncture, the learned counsel for the petitioner sought dispense with the personal appearance of the petitioner before the trial Court.

2. In view of the above endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the points before the trial Court.

3. The petitioner shall furnish a bond of Rs.10,000/- with two sureties under Section 88 Cr.P.C. to the satisfaction of the learned Judicial Magistrate-I, Panruti, Cuddalore. The petitioner is directed to be present for receiving the complaint, for answering the charge, at the time of questioning under Section 313 Cr.P.C. and at the time of passing judgment. The petitioner shall file an affidavit of undertaking, before the trial Court that she https://hcservices.ecourts.gov.in/hcservices/

will not dispute her identity and that her counsel will crossexamine the prosecution witnesses on the day, they are examined in-chief and that she will not adopt dilatory tactics. On such undertaking, the trial Court shall dispense with the personal appearance of the petitioner. If the petitioner adopts any dilatory tactics, the trial Court can insist on her presence. Consequently, connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar gya To 1.The Inspector of Police, AWPS, Panruti-607 106.

Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

CRL.OP.No.9091 of 2016 AD (CO) kk 16/6 https://hcservices.ecourts.gov.in/hcservices/