Madras High CourtCRL OP(MD)/4644/2016dismissed as withdrawal

S. Arul Joseph v. The Inspector Of Police

2016-03-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4644 of 2016 and Crl.M.P.(MD)Nos.2324 and 2325 of 2016 1.S.Arul Joseph 2.Sengoldass 3.Regina Mary 4.Selvam 5.Soosaimanickam 6.Anthonisamy 7.Sahayam .. Petitioners/Accused 1 to 7 Vs

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

(Crime No.12 of 2015) .. 1st Respondent/Complainant 2.Pushparani .. 2nd Respondent/ Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.1 of 2016, pending on the file of the learned District Munsif-cum-Judicial Magistrate, Thirumayam and quash the proceedings as against the petitioners herein.

For Petitioners :Mr.P.Saravana Kumar For Respondents :Mrs.S.Prabha Government Advocate (Crl.Side) for R.1

O R D E R

The learned Counsel appearing for the petitioners seeks permission of this Court to withdraw this Criminal Original Petition and he has also made an endorsement to that effect.

2. In view of the above, this Criminal Original Petition is dismissed as withdrawn, with liberty to raise all the points before the trial Court. The trial Court is directed to expeditiously conduct the trial. Consequently, the connected Miscellaneous Petitions are also dismissed.

3. At this juncture, learned counsel appearing for the petitioners submits that the presence of the petitioners before the Trial Court may be dispensed with.

https://hcservices.ecourts.gov.in/hcservices/

4. Accepting the submission, this Court directs the petitioners 2 to 7 to appear before the Trial Court for collecting the final report and other papers under Section 207 Cr.P.C., at the time of framing charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the petitioners 2 to 7 file an application under Section 317 Cr.P.C., undertaking that they will not dispute their identity and that their counsel will cross-examine the prosecution witnesses in their absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the petitioners 2 to 7 adopt any dilatory tactics, it is open to the Trial Court to insist upon their presence.

Sd/ Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District.

2. The District Munsif-cum-Judicial Magistrate Court, Thirumayam.

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

+1cc to Mr.P.Saravana Kumar, Advocate SR.No.15619 CN/SKN-SK/24.03.2016/2P-5C Crl.O.P.(MD)No.4644 of 2016 and Crl.M.P.(MD)Nos.2324 and 2325 of 2016 17.03.2016 https://hcservices.ecourts.gov.in/hcservices/