Madras High CourtCRL OP(MD)/19361/2016withdrawn dismissed

Benitha v. The Inspector Of Police

2021-04-27Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P(MD)No.19361 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.19361 of 2016 and Crl.M.P(MD)No.9720 of 2016 Benitha : Petitioner Vs.

1.The State represented by the Inspector of Police, District Crime Branch, Karur District, [Crime No.11 of 2012] :1st Respondent/Complainant 2.Tamilarasi :2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.261 of 2015 before the learned Judicial Magistrate No.II, Karur and quash the same insofar as the petitioner is concerned.

For Petitioners : Mr.S.Ravi For Respondents : Mr.R.Anandharaj, No.1 Additional Public Prosecutor For Respondent : Mr.K.Suresh No.2

ORDER

This criminal original petition has been filed seeking to quash the proceedings in C.C.No.261 of 2015 on the file of the learned Judicial Magistrate No.II, Karur insofar as the petitioner is concerned.

2.When the matter has been taken up for hearing Mr.S.Ravi, learned counsel appearing for the petitioner sought permission of this Court to withdraw this criminal original petition with liberty to raise all the grounds before the trial Court and he also undertook to circulate a letter to the Registry to that effect. He further submitted that this petitioner Benitha [A-4] is working in a software company at Chennai and it would be difficult for her to appear before the trial Court for every hearing and therefore, prayed that her appearance before the trial Court shall be dispensed with.

3. In view of the submission made by the learned Counsel appearing for the petitioner, this criminal original petition is dismissed as withdrawn. Considering the nature of the offence and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19361 of 2016 the working condition of the petitioner from far away place of the trial Court, the petitioner shall appear before the trial Court as and when required by the trial Court. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) dsk NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.II, Karur.

2.The Inspector of Police, District Crime Branch, Karur District, Copy to:

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

+1 CC to M/s.K.SURESH, Advocate ( SR-17702[F] dated 27/04/2021 ) Crl.O.P(MD)No.19361 of 2016 CN(17.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2