Criminal Original Petition seeking quashal of proceedings was dismissed as not pressed by the petitioner. Court dispensed with petitioner's immediate appearance subject to specific conditions regarding trial procedure and representation.
Petition dismissed; appearance dispensed with subject to conditions.
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Crl.O.P.No.26000 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.26000 of 2023 and Crl.M.P.Nos.18069 & 18071 of 2023
Salai Sivamalar
... Petitioner
Vs.
... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to C.C.No.2541 of 2022
on the file of the learned Chief Judicial Magistrate, Coimbatore and quash the
same.
For Petitioner : Mr.V.Anandhamoorthy
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Crl.O.P.No.26000 of 2023
For R1 : Mr.K.Srinivasan Special Public Prosecutor for CBI
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.2541 of 2022 on the file of the learned Chief Judicial Magistrate, Coimbatore.
2. Learned counsel for the petitioner submitted that though several grounds, on merits, are available in this quash petition, he is not pressing the present petition, however, contending that the case of the prosecution mainly rests on documentary evidence and the petitioner being a lady and her identity is not being disputed, he prayed that the presence of the petitioner before the trial Court may be dispensed with. He has also made an endorsement to that effect.
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Crl.O.P.No.26000 of 2023
of passing judgment and whenever insisted upon by the trial court.
of an 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 without delay. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event of her presence is insisted by the trial Judge for the purpose of identification or progress in trial. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist for her appearance and deal with the petitioner in accordance with the judgment of Hon'ble Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh , reported in 2001 (4) SCC 667.
07.12.2023
Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No ham
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Crl.O.P.No.26000 of 2023
A.D.JAGADISH CHANDIRA, J.
ham
To
Crl.O.P.No.26000 of 2023 and Crl.M.P.Nos.18069 & 18071 of 2023
07.12.2023
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Colour shows how this judgement treated each authority
State of Uttar Pradesh Vs. Shambunath SinghReferred¶30
2001 (4) SCC 667 · Who else cites this
Salai Sivamalar
State represented by Inspector of Police CBI
Indian Overseas Bank
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
