Madras High CourtCRL OP/740/2020withdrawn dismissed

Kaliyathal v. The State, Represented By

2020-01-13Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.01.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.740 of 2020 and Crl.MP.No.423 of 2020 1.Kaliyathal 2.Lavaniya 3.Thirukumaran ... Petitioners Vs.

1.The State rep. by Inspector of Police, All Women Police Station, Thudiyalur Police Station, Coimbatore Rural, Coimbatore District.

(Cr.No.42 of 2019) ..1st Respondent/Complainant 2.Priyanka ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records made in FIR in Crime No.42 of 2019, on the file of Inspector of Police, Thudiyalur Police Station, Coimbatore District, the First Respondent herein and quash the same.

For Petitioners: Mr.K.Kalaikovan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 : Mr.B.Thirumalai for R2

O R D E R

This Criminal Original Petition has been filed to call for the records made in FIR in Crime No.42 of 2019, on the file of Inspector of Police, Thudiyalur Police Station, Coimbatore District, the First Respondent herein and quash the same.

2. The learned counsel for the respondent has submitted that he has been instructed by the defacto-complainant to appear in this matter and he has also filed vakalat vide SR.No.886 of https://hcservices.ecourts.gov.in/hcservices/

2020. He further submitted that already investigation has been completed and charge sheet has also been filed before the Chief Judicial Magistrate, Coimbatore. Based on the same, the case was taken on file in C.C.No.182 of 2020 and thereafter the case was transferred to Additional Mahila Court, Coimbatore and the same is pending before that Court.

3. The learned counsel for the petitioner has submitted that now only, he came to know that charge sheet has already been filed and hence he seeks to grant permission to withdraw the case and he has also made an endorsement to that effect.

4. Considering the aforesaid submissions, this petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar drl To 1.The Inspector of Police, All Women Police Station, Thudiyalur Police Station, Coimbatore Rural, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.B.Thirumalai, Advocate sr 3313.

Crl.O.P.No.740 of 2020 and Crl.MP.No.423 of 2020 MR(CO) SP(27/02/2020) https://hcservices.ecourts.gov.in/hcservices/