Madras High CourtCRL OP(MD)/10996/2015withdrawn dismissed

S.Mahalakshmi, Proprieties, v. The Inspector Of Police

2019-11-29Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10996 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.10996 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 S.Mahalakshmi ... Petitioner Vs 1.The State Rep. by The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(Crime No.72 of 2013) 2.G.Antony Ravindran ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in C.C.No.47 of 2015, on the file of the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District and quash the same.

For Petitioner : Mr.J.Sankarapandian For Mr.S.Palanivelayutham For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1 : Mr.N.Dilip Kumar for R2

O R D E R

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this criminal original petition with liberty to raise all his contentions before the Court below and also made an endorsement to that effect.

2. Permission is granted. The criminal original petition is dismissed as withdrawn. It is made clear that this Court has not gone into the merits of the matter. Since, the petitioner is a lady, the personal appearance of the petitioner is dispensed with before the Court below. However, the Court below will insist on the personal appearance of the petitioner only on three occasions namely, to answer the charge, to examination under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all other occasions, the petitioner need not appear before the Court below. However, on those occasions, the petitioner will have to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10996 of 2015 represented by her counsel. If the petitioner's counsel is also absent, the benefit of dispensing the personal appearance of the petitioner will stand automatically vacated. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) ias To:

1.The Judicial Magistrate No.I, Nagercoil, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-102922[F] dated 02/12/2019 +1 CC to M/s.S.PALANIVELAYUTHAM, Advocate ( SR-102869[F] dated 02/12/2019 ) Crl.O.P.(MD)No.10996 of 2015 29.11.2019 SMA/13/12/19/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2