C.Sharmila v. R. Sivaraman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 22027 OF 2024 C.Sharmila Inspector of Police, Thiruvaiyaru Police Station, Thanjavur Distrit. Residing at No.1/13A, Yadhava Street, Poraiyur, Tranquuebar Taluk, Mayiladuthurai District.

Petitioner(s) Vs R. Sivaraman, S/o. A. Ramdss, No.1083-D, Marudamuthu Nagar Extension, Kumbakonam Taluk, Thanjavur District.

Respondent(s) For Petitioner(s):

M/s. Mayilvahana Rajendran.C

ORDER

Considering the facts and circumstances of the case, the personal appearance of the petitioner in STC No.8 of 2024 pending on the file of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam is ordered to be dispensed with, on condition that she shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on the hearings, specifically 1/3

directed by the trial court. The petitioner is further directed to give an undertaking in the form of affidavit that she will be duly represented by a counsel on all hearing dates and that the Counsel representing her will cross examine the prosecution witnesses on the same day she is examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopt any dilatorily tactics, it is open to the Trial Court to insist for her appearance and deal with the petitioner in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO DO THROUGH THE CHIEF JUDICIALMAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-1067[I] dated 29/01/2025 ) 2/3

ORDER

IN CRL MP(MD) No.13665 of 2024 IN CRL OP(MD) NO. 22027 OF 2024 Date :29/01/2025 SS/GSV/SAR- /07/02/2025/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3