Madras High CourtCRL OP(MD)/4740/2015dismissed as withdrawal

Chokkalingam, (M/38/15), v. The State Rep. By

2015-03-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.4740 of 2015 and M.P.(MD).Nos.1 and 2 of 2015

1. Chokkalingam

2. Kumarappa Chettiyar

3. Gnanambal

4. Uma

5. Saravanan @ Somasundaram ... Petitioners 1 to 5/Accused 1 to 5 Vs.

1. The State represented by the Inspector of Police, All Women Police Station, Thirumayam Police Station, Pudukottai District.

...1st Respondent/ Complainant

2. Umayal ... 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records of Final report in C.C.No.33 of 2015 on the file of the District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District and to quash the same as illegal.

For Petitioners : Mr.A.Balakrishnan For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

The learned counsel for the petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn. However, taking note of the fact that the first petitioner is residing abroad, this Court directs the trial Court to dispense with the personal appearance of first petitioner before it, upon his swearing to an affidavit informing his address for service, that he duly would be represented by his counsel on all hearing dates, that he would, at no instance, dispute his identity and that, he would appear before the trial court as and when required. Upon the first petitioner doing so, the trial court may seek the presence of the first petitioner before it, solely on https://hcservices.ecourts.gov.in/hcservices/

the important hearing dates. Since the first petitioner is residing abroad, his affidavit may be executed before a notary at his place of stay and adjudicated to stamp duty here. The petitioners 2 and 3 are the parents of the first petitioner and the 4th petitioner is his sister. This Court is inclined to dispense with the personal appearance of the petitioners 2 to 4 before the Court below except the dates on which the learned Magistrate insists on their appearance. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar akv To 1.The District Munsif cum Judicial Magistrate, Thirumayam, Pudukkottai District.

2. The Inspector of Police, All Women Police Station, Thirumayam Police Station, Pudukottai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.A.BALAKRISHNAN, ADVOCATE IN SR NO. 15550 Crl.O.P.(MD)No.4740 of 2015 27.03.2015 rg.23.04.2015 2p/5c.

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