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Madras High CourtCRL OP/3458/2021withdrawn dismissed

S.M.Balaji v. State Rep. By

2021-02-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.3458 of 2021 and Crl.MP.Nos.2008 & 2010 of 2021 Dr.S.M.Balaji ... Petitioner Vs.

1. The Inspector of Police, Central Crime Branch, Cyber Crime Cell, Chennai,

2. Dr.R.Gunaseelan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C. calling for the records and quash the order in C.C.No.9238 of 2018 on the file of the learned Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.N.L.Rajah Senior Counsel For Mr.Suresh For Respondents : Mr.M.Mohamed Riyaz, R1 Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in C.C.No.9238 of 2018, on the file of the learned Metropolitan Magistrate, Saidapet, Chennai.

2. The learned Senior Counsel appearing on behalf of the petitioner submitted that there is a possibility of compromise in this case if the petitioner is allowed to clarify to all those persons to whom the mail was earlier sent to the effect that it was not the petitioner who had sent the mail containing defamatory imputations against the second respondent. This Court has already considered the case on merits in the earlier round and dismissed the Criminal Original Petition. If and when, there is an opportunity for the parties to come to a compromise, the petitioner can move before this Court. Unless such a situation arises, this Court is not inclined to entertain the petition.

3. The learned Senior Counsel appearing on behalf of the petitioner seeks permission of this Court to withdraw this petition by keeping all the issues open.

4. This petition is accordingly dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. 22.02.2021 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No rli To

1. The Inspector of Police, Central Crime Branch, Cyber Crime Cell, Chennai.

2. The Public Prosecutor High Court of Madras Chennai - 600 104.

N.ANAND VENKATESH,J.

rli Crl.OP.No.3458 of 2021 and Crl.MP.Nos.2008 & 2010 of 2021 22.02.2021