Madras High CourtCRL OP/5729/2022dismissed as withdrawal

Sivaguru v. State Rep By

2022-03-11Honourable Mr Justice R. Pongiappan2 pages

Crl.OP.No.5729 of 2022 in Crl.A.SR.No.2494 of 2022 R.PONGIAPPAN, J., This petition has been filed praying to grant leave to prefer an appeal against the order of acquittal dated 16.09.2021 passed in SC.No.17 of 2019 on the file of the learned Principal Assistant Sessions Judge, Villupuram.

2. Heard the learned counsel appearing for the petitioner/ appellant.

3. Since the petition mentioned appeal is preferred against the order of acquittal by the victim in Cr.No.390 of 2018 of Thirukoilur Police Station, Villupuram, in view of the judgment rendered in the case of Mallikarjun Kodagali (dead) represented through Legal Representatives Vs. State of Karnataka and Ors. reported in AIR 2018 SC 5206, leave is not necessary.

4. Therefore, the learned counsel for the petitioner seeks permission of this Court to withdraw the petition and he has also made an endorsement to that effect.

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

R.PONGIAPPAN, J.

lok

5. In view of the endorsement made by the learned counsel for the petitioner, this criminal original petition is dismissed as withdrawn.

6. Accordingly, Registry is directed to number the criminal appeal, if it is otherwise in order.

11.03.2022 lok Crl.OP.No.5729 of 2022 in Crl.A.SR.No.2494 of 2022 https://www.mhc.tn.gov.in/judis