N.Chandra Gandhiyammal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.07.2017

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CRL.RC.No.1188 of 2010 and M.P.No.1 of 2010 1.N. Chandra Gandhiyammal 2.N.Venkatraman 3.N.Gomathi Sankara Narayanan 4.N.Kumara Kurubaran 5.N.Mahathma Gandhi ... Petitioners/Accused 2,3,4 Vs .

State represented by The Vigilance and Anti Corruption, Kanchipuram Detachment, (Crime No.11/AC/2000/KM) ... Respondent PRAYER:

Criminal Revision Case is filed under Section 397 r/w.401 of the Code of Criminal Procedure to pass an order revising the order of the learned Special Judge cum the Chief Judicial Magistrate, Chengalpet, made in CMP.No.400 of 2007 dated 22.09.2010 of dismissing the discharge application filed by the petitioners in Special Case No.7/2006. For Petitioner : Mr. S.Palanivelayutham For Respondent : Mr. R.Ravichandran Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case is filed to revise the order of the learned Special Judge cum the Chief Judicial Magistrate, Chengalpet, made in CMP.No.400 of 2007 dated 22.09.2010 of dismissing the discharge application filed by the petitioners in Special Case No.7/2006.

2. Yesterday, when the matter came up for hearing, learned Government Advocate (Crl.Side) appearing for the respondent would submit that already charges have been framed and trial has been commenced and he prays time for verification of dates and events and the matter stands posted today directing the learned Government Advocate (Crl.Side) to file a report https://hcservices.ecourts.gov.in/hcservices/

mentioning the date of framing charges and commencement of trial.

3. When the matter was taken up for consideration today (i.e., on 20.07.2017), learned Government Advocate (Crl.Side) would submit that after passing of the order by the learned Special Judge cum the Chief Judicial Magistrate, Chengalpet, in CMP.No.400 of 2007 dated 22.09.2010, when the revision is pending before this court, the trial court has framed the charges as early as on 06.10.2010 itself and subsequently, on 29.12.2016, the trial of PW1 was commenced and on 24.04.2017, PW2 and PW3 were examined and Chief and Cross-examination of PW1 to PW3 were completed on that day itself. So far, on the side of the prosecution, three witnesses have been examined.

4. In view of the above facts and circumstance of the case, learned counsel for the petitioners seeks permission of this Court to withdraw this Criminal Revision Case and he has also made an endorsement to that effect.

Recording the submission and endorsement made by the learned counsel for the petitioners, this Criminal Revision Case is dismissed as withdrawn. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gv To

1. Deputy Superintendent of Police, The Vigilance and Anti Corruption, Kanchipuram Detachment, (Crime No.11/AC/2000/KM)

2. The Special Judge cum the Chief Judicial Magistrate, Chengalpet,

3. The Public Prosecutor, High Court, Madras.

Chennai.

CRL.RC.No.1188 of 2010 and M.P.No.1 of 2010 RSI(CO) CS/11/08/17 https://hcservices.ecourts.gov.in/hcservices/