Madras High CourtCRL OP(MD)/13802/2018withdrawn dismissed

Selvanathan v. Sahana

2018-08-06Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.13802 of 2018 and Cr.M.P.(MD)No.6211 and 6212 of 2018 1.Selvanathan 2.R.Velandi 3.Selvanayagi 4.Masilamaniraja ... Petitioners Vs Sahana ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the petition in D.V.O.P.No.23 of 2017 filed under Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate No.I, Thoothukudi and quash the same as against these petitioners. For Petitioner : M/s.P.Banu Prasath

O R D E R

When this Court was about to dismiss the Criminal Original Petition on merits, the learned Counsel for the petitioners sought permission of this Court to withdraw the same and he has also made an endorsement to that effect.

2.At this juncture, the learned Counsel for the petitioners submitted that the presence of the petitioners 2, 3 and 4 before the Trial Court may be dispensed with.

3.Accepting the said submission, the presence of the petitioners 2, 3 and 4 before the trial Court shall be dispensed with.

4.The petitioners 2, 3 and 4 are directed to give an undertaking in the form of affidavit that the Counsel representing them will cross examine the prosecution witnesses on the day they https://hcservices.ecourts.gov.in/hcservices/

are examined in chief. The petitioners 2, 3 and 4 shall not dispute the identity of the witnesses. If the petitioners 2 ,3 and 4 adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in JT 2001(4)s SC 319.

5.This Criminal Original Petition shall stand dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-III) To The Judicial Magistrate No.I, Thoothukudi.

+ 1 CC TO Mr.P.BANU PRASATH, ADVOCATE IN SR No. 77712 RMI TE/RP/SAR-3 : 23/08/2018 : 2P/3C CRL.O.P.(MD)No.13802 of 2018 and Cr.M.P.(MD)No.6211 and 6212 of 2018 06.08.2018 https://hcservices.ecourts.gov.in/hcservices/