Madras High CourtCRL OP(MD)/7966/2017withdrawn dismissed

Nikesh v. The Inspector Of Police

2017-06-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.7966 of 2017 and Crl.M.P.Nos.5429 and 5430/2017 1.Nikesh 2.Aknesh 3.Ajesh .. Petitioners / Accused Nos.9 & 11,12 Vs.

1. State represented by Inspector of Police Eraniel Police Station, Kanyakumari District Crime NO.428/2014 .. Respondent / Complainant 2.Paisal .. Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to admit this quash petition on file to call for the records in C.C.No.28/2017 on the file of the District Munsif cum Judicial Magistrate court, Eraniel, Kanyakumari District and quash the same.

For Petitioners : Mr.V.Karthivelu senior counsel for Mr.K.Prabhu For Respondent : Mr.K.Anbarasan for R1 Government Advocate (Crl. Side)

ORDER

When this Court was about to dismiss the criminal original petition, the learned counsel for the petitioners sought permission of this Court to withdraw the criminal original petition. He has also made an endorsement to that effect. 2.In view of the same, this criminal original petition is dismissed as withdrawn. Consequently connected Miscellaneous Petitions are closed. However, the presence of the petitioners before the trial Court is dispensed with and the petitioners 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 petitioners file an application under Section 317 Cr.P.C., undertaking that they will not dispute their identity and that their counsel will crosshttps://hcservices.ecourts.gov.in/hcservices/

examine the prosecution witnesses in their absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the petitioners adopt any dilatory tactics, it is open to the Trial Court to insist upon their presence.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District

2. The Inspector of Police Eraniel Police Station, Kanyakumari District

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

+1 CC to M/s.K.PRABHU, Advocate, SR No. 62788. RR PSM/KP/SAR2/18.07.2017/2P/5C Crl.O.P.(MD)No.7966 of 2017 and Crl.M.P.Nos.5429 and 5430 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/