G.R.Sujatha v. P.Seetha Raman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.9412 of 2016 and CrlMP.Nos.4855 and 4856 of 2016 G.R.Sujatha ... Petitioner/Accused Vs R.Seetha Raman ... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertain to the proceedings in C.C.No.2082 of 2015 on the file of the Court of the Metropolitan Magistrate, Fast Track Court No.II, Egmore at Allikulam Complex, Chennai and quash the same. For Petitioner :Mr.J.Kannan

ORDER

This petition has been filed to quash the proceedings in C.C.No.2082 of 2015 on the file of the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam Complex, Chennai.

2.When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner sought permission to withdraw this petition, with liberty to raise all the points before the trial Court and has made an endorsement to that effect.

3.In view of the above endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the points before the trial court.

4.At this juncture, the learned counsel for the petitioner submitted that the petitioner is a lady and the personal appearance of the petitioner may be dispensed with before the Trial Court.

Accepting the submission of the learned counsel for the petitioner, this Court directs the petitioner to appear before the Trial Court for receiving papers under Section 207 Cr.P.C, at the time of framing charge and for examination under https://hcservices.ecourts.gov.in/hcservices/

Section 313 Cr.P.C and on the day of Judgment. Her appearance may be dispensed with on the other dates, if the petitioner file a petition undertaking that her counsel will examine the witnesses, even in her absence and she will not unnecessary take adjournment and she will not dispute her identity. The Trial Court is directed to liberally consider the same. If the petitioner adopts dilatory tactics, the Trial Court is entitled to insist the presence of the petitioner. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mps To 1.The Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam Complex, Chennai.

+1cc to Mr.J. Kannan, Advocate, S.R.No.29001 GR(CO) EU(13/06/2016) Crl.OP.No.9412 of 2016 and Crl.M.P.Nos.4855&4856 of 2016 https://hcservices.ecourts.gov.in/hcservices/