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Madras High CourtCRL RC/1047/2019withdrawn dismissed

Hakkim v. The State Rep By Its,

2019-10-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 22.10.2019

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.R.C.No.1047 of 2019 and Crl.M.P.No.14370 of2019

1. M.Hakkim

2. Mohamed Abdulla .. Petitioners/A1 & A2 Vs

1. State represented by The Inspector of Police (Crime), P5, M.K.B.Nagar Police Station, Chennai 600 039.

(Crime No.635/2015)

2. Sathish Kumar .. Respondents/Complainants Prayer:- This Criminal Revision has been filed, under Section 397 read with 401 of Cr.P.C., to call for the records and set aside the impugned order dated 16.09.2018 in Crl.M.P.No.1153/2016 in C.C.No.2084/2015, passed by the learned X Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.M.Mohamed Riyaz, APP

ORDER

The learned counsel for the petitioners seeks permission to withdraw this petition however, he would pray that the personal appearance of the petitioners, before the Trial Court may be dispensed with subject to the conditions and he has also made an endorsement in this petition to that effect.

The personal appearance of the petitioners, before the Trial Court dispensed with for the present on condition that: i. The petitioners shall file an affidavit of undertaking that they will be duly represented by a counsel on all hearing dates and that they will appear at the time of framing of charges and at the time of questioning under Section 313 (1) of Cr.P.C., and at the time of Judgment. https://hcservices.ecourts.gov.in/hcservices/

ii.The petitioners will not dispute their identity and that they will appear before the Trial Court whenever insisted upon by the Trial Judge.

iii.Further the learned counsel for the petitioners shall cross examine the witnesses on the same day of their examination in chief.

With the above observation and in view of the said submissions and the endorsement made by the learned counsel for the petitioners, this Criminal Revision Petition stands dismissed as withdrawn. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(Insp Cell) //True Copy// Sub Assistant Registrar ssi To:

1.The X Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police (Crime), P5, M.K.B.Nagar Police Station, Chennai.

3. The Public Prosecutor, Chennai.

+1cc to Mr.I.Abdul Basith, Advocate, S.R.No.88035 Crl.R.C.No.1047 of 2019 VBA(CO) GN(02/12/2019) https://hcservices.ecourts.gov.in/hcservices/