This court dismissed the criminal original petition, filed under Section 482 Cr.P.C., as withdrawn by the petitioner's counsel. Conditions were imposed regarding the petitioner's absence at trial stages.
The petition was dismissed as withdrawn. The petitioner was directed to file an undertaking regarding her absence at trial stages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.No.10199 of 2016
& Crl.M.P. Nos.5433 & 5434 of 2016
Malliga Petitioner
Vs.
1 The State represented by the Inspector of Police All Women Police Station Pudhucherry
2 Anitha Respondents
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the charge sheet in C.C. No.2 of 2016 on the file of the Chief Judicial Magistrate, Pudhucherry and quash the same.
For petitioner Mr. M.Senthil Kumar
ORDER
When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner sought permission of this Court to withdraw the same and has also made an endorsement to that effect. At this juncture, the learned counsel for the petitioner sought to dispense with the personal appearance of the petitioner before the Chief Judicial Magistrate, Pudhucherry in C.C. No.2 of 2016.
2 In view of the above endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn. The petitioner is directed to be present for receiving the complaint, for answering the charge, at the time of questioning under Section 313 Cr.P.C. and at the time of passing judgment. The petitioner shall file an affidavit of https://hcservices.ecourts.gov.in/hcservices/ undertaking, before the Trial Court; that she will not dispute
her identity; that her counsel will cross-examine the prosecution witnesses on the day they are examined in chief and that she will not adopt dilatory tactics. On such undertaking, the Trial Court shall dispense with the personal appearance of the petitioner. If the petitioner adopts dilatory tactics, the Trial Court can insist on her presence. Connected Crl.M.P. No.5433 of 2016 is closed. cad
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1 The Chief Judicial Magistrate, Puducherry
2 The Public Prosecutor
High Court of Madras
Chennai 600 104
3 The Inspector of Police
All Women Police Station
Pudhucherry
KR/23/6/16
Crl.O.P. No.10199 of 2016
2 issues framed by the court
Whether to quash the charge sheet filed under C.C. No. 2 of 2016.
Whether to permit the petitioner to withdraw the criminal original petition.
2 provisions across 1 enactments
Malliga
Inspector of Police
Anitha
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
