Madras High CourtCRL OP(MD)/3544/2017withdrawn dismissed

Krishnaveni v. The Inspector Of Police

2017-04-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3544 of 2017 and Crl.M.P.Nos.2654 and 2655 of 2017 Krishnaveni ... Petitioner -vs1.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Crime No.151/2015.

2.A.Ravi ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.15 of 2017 on the file of the learned Judicial Magistrate, Thirumangalam and quash the same as illegal as against the petitioner. For Petitioner : Mr.A.K.Manickam For Respondents : Mr.A.P.Balasubramani for R1 Govt. Advocate (Crl.Side) *****

O R D E R

When this Court is about to dismiss the criminal original petition, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition. He has also made an endorsement to that effect.

2. Accordingly, this criminal original petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the trial Court.

3. At this juncture, the learned counsel for the petitioner submitted that the presence of the petitioner before the trial Court may be dispensed with. Accepting the said submission, the appearance of the petitioner before the trial Court is dispensed with on condition that she shall appear before the Trial Court for collecting the final report and other papers under Section 207 Cr.P.C., for framing the charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the petitioner files an application under Section 317 Cr.P.C., undertaking that she will not dispute her identity and that her counsel will cross-examine the prosecution witnesses in her absence without adopting dilatory tactics, the Trial Court may https://hcservices.ecourts.gov.in/hcservices/

liberally consider and entertain the same. If the petitioner adopts any dilatory tactics, it is open to the Trial Court to insist upon her presence. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Thirumangalam, Madurai District.

2.-do-Thro' The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/s. A.K.MANICKAM Advocate in SR. No.50174 RR JS/SV.MMS/12.04.2017/2P-6C Crl.O.P.(MD)No.3544 of 2017 and Crl.M.P.Nos.2654 and 2655 /2017 04.04.2017 https://hcservices.ecourts.gov.in/hcservices/