Murugan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020 CORAM :

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.R.C.No.1572 of 2012 & Crl.O.P.No.9399 of 2013 and M.P.Nos.1 of 2012, 2 of 2013 & 1 of 2013 Crl.R.C.No.1572 of 2012 :

1.Murugan 2.Sakthivel 3.Sathiyavani 4.Rukmani 5.Mangai 6.Kalliammal 7.Kalliammal ... Petitioners/Accused 1 to 7 in Crl.R.C.No.1572 of 2012 Vs.

1.State represented by Inspector of Police, 2.E.Rahilent Ebens ... Respondents in Crl.R.C.No.1572 of [R2 impleaded as per order of this Court dated 29.01.2013 made in M.P.No.1 of 2013 in Crl.R.C.No.1572 of 2012] Prayer in Crl.R.C.No.1572 of 2012 : Criminal Revision Case filed under Section 397 r/w. 401 Cr.P.C., to call for the records in C.M.P.No.1650 of 2012 in C.C.No.5 of 2012 and set aside the order passed therein dated 05.11.2012 on the file of the Judicial Magistrate's Court No.II, Vellore.

For Petitioners : Mr.A.Kripakaran For R1 : Mr.R.Surya Prakash Government Advocate (Crl. Side) For R2 : Mrs.Gajalakshmi Rajendran 1/3

Crl.O.P.No.9399 of 2013 :

Chakkaravarthi ..Petitioner/Accused No.8 in Crl.O.P.No.9399 of 2013 Vs.

State represented by Inspector of Police, ... Respondent in Crl.O.P.No.9399 of 2013 Prayer in Crl.O.P.No.9399 of 2013 : Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.5 of 2012 on the file of the Judicial Magistrate's Court No.II, Vellore, and quash the same.

For Petitioner : Mr.A.Kripakaran For Respondent : Mr.R.Surya Prakash Government Advocate (Crl. Side) COMMON ORDER When this Court was about to dismiss these cases on merits, learned counsel for the petitioner(s) sought permission of this Court to withdraw these cases with liberty to raise all the points before the trial Court.

2.Permission is granted. These cases are dismissed as withdrawn, with liberty to the petitioner(s)/accused to raise all the points before the trial Court, after the charges are framed, since there are prima facie materials to frame charges. Consequently, connected miscellaneous petitions are closed. 3.The petitioner(s)/accused are directed to appear before the trial Court on the next hearing date, failing which, the trial Court shall issue Non-Bailable Warrant against them and secure their presence.

Registry is directed to send back the records to the trial Court, immediately, through a Special Messenger. Sd/- Assistant Registrar (C.S.II) /True Copy/ Sub Assistant Registrar 2/3

To 1.The Judicial Magistrate No.II, 2.The Inspector of Police, 3.The Deputy Registrar (Criminal Section), High Court, Madras.

Copy to : The Section Officer, Criminal Section, High Court of Madras, Chennai -104.

+2cc to M/s.Gajalakshmi Rajendran, Advocate Sr.No.15594 and 15595 AKM/25.02.2020/3P- 7C / Crl. R.C. No.1572 of 2012 & Crl.O.P.No.9399 of 2013 3/3