Madras High CourtCRL OP(MD)/3814/2017withdrawn dismissed

Kokila v. Rosemary

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) Nos.3814, 3815 and 3816 of 2017 and Crl.M.P.Nos.2814 to 2819 of 2017 Kokila ... Petitioner in all petitions -vsRosemary ... Respondent in all petitions Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C., praying to call for the records relating to S.T.C.Nos.70, 71 and 72/2017 pending on the file of the Fast Track Court, NO.I (Judicial Magistrate Level) Madurai and quash the same insofar as petitioner is concerned.

For Petitioner : Mr.S.Ravi ***** COMMON ORDER When this Court is about to dismiss the criminal original petitions on merits, the learned counsel for the petitioner seeks permission of this Court to withdraw the petitions. He has also made an endorsement to that effect.

2. Accordingly, these criminal original petitions are dismissed as withdrawn with liberty to the petitioner to raise all the points before the trial Court.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., https://hcservices.ecourts.gov.in/hcservices/

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 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 /True Copy/ Sub Assistant Registrar To:

1.The Fast Track Court, NO.I (Judicial Magistrate Level) Madurai.

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

+1cc to Mr.S.Ravi, Advocate Sr.No.19212 RR VB/JC/SAR4/17.04.2017/2P/4C Crl.O.P.(MD)No.3814, 3815 and 3816 of 2017 and Crl.M.P.Nos.2814 to 2819 /2017 04.04.2017 https://hcservices.ecourts.gov.in/hcservices/