Sabiyullah v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.6420, 6421, 6423 & 6424 of 2024 Sabiyullah ... Petitioner in Crl.O.P.No.9164/2024 1.Meera Hussain 2.Rajah Mohideen ... Petitioners in Crl.O.P.No.9168/2024 Vs.

1.State Rep.by The Inspector of Police, Muthupettai Police Station, Tiruvarur.

2.Ravichandran Police No.1736, Muthupettai Police Station, Tiruvarur.

... Respondents in both Crl.OPs Common Prayer: Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, pleased to call for the records in P.R.C.Nos.10/2022 & 5/2002 respectively pending on the file of the Judicial Magistrate Court, Thiruthuraipoondi, Tiruvarur and quash the same as illegal and without jurisdiction For Petitioners : Mr.K.Nizamuddin (in both Crl.OPs) For R1 : Mr.K.M.D.Muhilan (in both Crl.OPs) Government Advocate (Crl.Side) COMMON ORDER 1/4

The petitioners herein, an absconder taking advantage of the acquittal of the co-accused persons submitted to the trial, seek parity. 2.

Whether the case against the petitioners is on the same set of facts or not to be decided by the trial Court. Without surrendering themselves and participating in the trial Court, the present petitions are filed. The learned counsel appearing for the petitioners cites the order passed by this Court in respect of other absconding accused. 3.

This Court totally not in agreement with the concept of entertaining the petitions to quash by the absconder seeking parity without same being tested by the trial Court. When this Court about to dismiss the petitions, the learned counsel appearing for the petitioners sought leave to withdraw the petitions and has also made an endorsement to that effect. Hence permission is granted to withdraw the petitions with liberty to workout his remedy in accordance with law. 4.

Accordingly, the Criminal Original Petitions are dismissed 2/4

as withdrawn. Consequently, the connected Criminal Miscellaneous Petitions are also dismissed.

16.04.2024 Index : Yes/No rpl To 1.The Inspector of Police, Muthupettai Police Station, Tiruvarur.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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