Mohamed Salim v. State Rep. by The Inspector of Police
2016-03-22
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : This petition has been filed to call for the records in C.C. No. 53 of 2015 on the file of the Judicial Magistrate No.I, Madurai and quash the same insofar as the petitioners is concerned. 2. As this Court was not inclined to quash the proceedings in C.C. No. 53 of 2015 on the file of the learned Judicial Magistrate No.I, Madurai, learned counsel for the petitioner/accused seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. 3. Permission is granted. This Criminal Original Petition is dismissed as withdrawn with liberty to raise all the points available with the petitioner before the Trial Court. 4. At this juncture, learned counsel for the petitioner submits that the presence of the petitioner before the Trial Court may be dispensed with. 5. Accepting the submission, this Court directs the petitioner/A2 to appear before the Trial Court for collecting the final report and other papers under Section 207 Cr.P.C., at the time of framing charges, for questioning under Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the petitioner files an application under Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses in his absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the petitioner adopts any dilatory tactics, it is open to the Trial Court to insist upon his presence. Consequently, connected miscellaneous petitions are closed.