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Madras High CourtCRL OP/20206/2015withdrawn dismissed

A.Palaniappan, v. The State Rep. By

2015-08-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20206 of 2015 A.Palaniappan ..

Petitioner Vs The State rep.by The Inspector of Police, Malayampalayam Police Station, Malayampalayam.

Erode District.

(Crime No.19 of 2007) ..

Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.13 of 2008, on the file of District Munsif - cum - Magistrate, Kodumudi, Erode District dated 07.11.2014 and expunge the strictures passed against the petitioner.

For Petitioner :Mr.S.Kamadevan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.13 of 2008, on the file of the District Munsif - cum - Judicial Magistrate, Kodumudi, Erode District, dated 07.11.2014 and expunge the strictures passed against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is seen that the learned Judicial Magistrate, Kodumudi, in C.C.No.13 of 2008 has passed judgment on 07.11.2014, in which, while acquitting the accused, he has directed departmental action to be taken against this petitioner for not producing the case properties to the Court. Aggrieved by this direction, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

4. When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner sought permission to withdraw this petition and he has also made an endorsement to that effect. Hence, this petition is dismissed as withdrawn with the direction that the departmental proceedings shall be conducted against the petitioner without, in any manner, being influenced by the observation made by the learned Judicial Magistrate, Kodumudi, the judgment dated 07.11.2014 in C.C.No.13 of 2008. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sms To 1.The Inspector of Police, Malayampalayam Police Station, Malayampalayam.

Erode District.

2. The District Munsif - cum - Magistrate, Kodumudi, Erode District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Kamadevan, Advocate, sr.42149 Crl.OP No.20206 of 2015 ksj(co) kra(28/08) https://hcservices.ecourts.gov.in/hcservices/