B.H.Omanath vs Sarumathy
2024 Latest Caselaw 7722 Mad

Madras High Court

B.H.Omanath vs Sarumathy on 16 April, 2024

                                                                          Crl.O.P(MD).No.15532 of 2020


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 16.04.2024

                                                      CORAM :

                                  THE HON'BLE MR JUSTICE A.A.NAKKIRAN

                                         Crl.O.P(MD).No.15332 of 2020 and
                                           Crl.M.P(MD).No.7433 of 2020


                     1.B.H.Omanath
                     2.Hamsamurthy
                     3.Kamala                                                   ... Petitioners

                                                      Vs.


                     Sarumathy                                                  ... Respondent

                     PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the
                     records of the impugned petition in DVC.No.117 of 2019 on the file of
                     the learned Additional Mahila Court Cum Judicial Magistrate,
                     Tiruchirappalli and quash the same.


                                   For Petitioners          : Mr.C.Kishore
                                   For Respondent           : Mr.T.I. Ebenezar Charles

                                                      ORDER

This Criminal Original petition has been filed to call for the

records of the impugned petition in D.V.C.No.117 of 2019 on the file of

https://www.mhc.tn.gov.in/judis

Crl.O.P(MD).No.15532 of 2020

the learned Additional Mahila Court – Cum - Judicial Magistrate,

Tiruchirappalli and quash the same.

2. Today, when the matter was taken up for hearing, the

learned counsel appearing for the petitioners seeks permission of this

Court to withdraw this petition and he has also made an endorsement to

that effect. However, he seeks liberty to dispense with the personal

appearance of the petitioners before the trial Court.

3. In view of the endorsement made by the learned counsel

for the petitioners, this Criminal Original Petition is dismissed as

withdrawn. Consequently, the connected Miscellaneous Petitions are

closed.

4. Taking into consideration of the request as made by the

learned counsel for the petitioners, the appearance of the petitioners

before the trial court is dispensed with except for their appearance for

the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C.,

framing of charges, questioning under Section 313 Cr.P.C. and on the day

on which judgment is to be pronounced. However, if for any particular

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Crl.O.P(MD).No.15532 of 2020

reason, the presence of the petitioners are necessary, the trial court, at its

wisdom, shall direct those appearance on those days.

16.04.2024

Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp

To

The Additional Mahila Court Cum Judicial Magistrate, Tiruchirappalli

https://www.mhc.tn.gov.in/judis

Crl.O.P(MD).No.15532 of 2020

A.A.NAKKIRAN, J.

Trp

Crl.O.P(MD).No.15332 of 2020 and

16.04.2024

https://www.mhc.tn.gov.in/judis