Madras High CourtCRL OP(MD)/15332/2020withdrawn dismissed

B.H.Omnath v. Sarumathy

2024-04-16Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.15332 of 2020 and Crl.M.P(MD).No.7433 of 2020 1.B.H.Omanath 2.Hamsamurthy 3.Kamala ... Petitioners Vs.

Sarumathy ... Respondent PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records of the impugned petition in DVC.No.117 of 2019 on the file of the learned Additional Mahila Court Cum Judicial Magistrate, Tiruchirappalli and quash the same.

For Petitioners : Mr.C.Kishore For Respondent : Mr.T.I. Ebenezar Charles

O R D E R

This Criminal Original petition has been filed to call for the records of the impugned petition in D.V.C.No.117 of 2019 on the file of 1/4

the learned Additional Mahila Court - Cum - Judicial Magistrate, Tiruchirappalli and quash the same.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. However, he seeks liberty to dispense with the personal appearance of the petitioners before the trial Court.

3. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petitions are closed.

4. Taking into consideration of the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular 2/4

reason, the presence of the petitioners are necessary, the trial court, at its wisdom, shall direct those appearance on those days. 16.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The Additional Mahila Court Cum Judicial Magistrate, Tiruchirappalli 3/4

A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.15332 of 2020 and Crl.M.P(MD).No.7433 of 2020 16.04.2024 4/4