Madras High CourtCRL RC/569/2017withdrawn dismissed

R.Jayaprakash, (M/43), (A5) v. State Rep.By

2017-08-10Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2017 Coram THE HONOURABLE MR. JUSTICE R.SURESH KUMAR Crl.RC.No.569 of 2017 and Crl.MP.Nos.5071 and 5072 of 2017 R.Jayaprakash ...

Petitioner v.

State rep by The Inspector of Police, Central Crime Branch, Salem City.

... Respondent Prayer: Criminal Revision is filed under Sections 397 read with 401 of Cr.P.C. to set aside the order made in Crl.M.P.No.1063 of 2009 in C.C.No.121 of 2005 dated 25.01.2017 passed by the learned Chief Judicial Magistrate -cum- Assistant Sessions Judge, Salem.

For Petitioner : Mr.A.Nagarathinam For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

The learned counsel appearing for the petitioner, after some arguments, submitted before this Court that the petitioner has instructed to withdraw the Criminal Revision Case itself and in fact, the learned counsel appearing for the petitioner has also made an endorsement to that effect in the Court bundle. However, he submitted that the charges have already been quashed by this Court as against most of the accused persons in this case. Considering the said fact, at least, the appearance of the petitioner in each and every hearing before the trial Court, can be dispensed with on condition that his presence may be insisted upon by the trial Court as and when required . 2.Considering the said submission made by the learned counsel appearing for the petitioner and also the endorsement made by him to withdraw the Criminal Revision Case, this Revision is dismissed as withdrawn. However, the presence of the petitioner in each and every hearing before the trial Court is, for the time being, dispensed with. This order of dispensing with

his presence before the trial Court shall not preclude the trial Court, to summon him, as and when required.

With these observations, this Criminal Revision case is dismissed. Consequently connected Miscellaneous Petitions are closed.

10.08.2017 kyl To 1.The Chief Judicial Magistrate -cum- Assistant Sessions Judge, Salem.

2.The Inspector of Police, Central crime Branch, Salem City.

3.The Public Prosecutor, High Court, Madras -104.

R.SURESH KUMAR,J, kyl Crl.RC.No.569 of 2017& Crl.MP.Nos.5071&5072 of 2017 10.08.2017