D.Mahendiran v. K.S.Lavanya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.12.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19813 of 2018 AND CRL.M.P.No.10534 of 2018 D.Mahendiran .. Petitioner Vs 1.K.S.Lavanya 2.Minor Jitesh Kumar Rep. by his natural guardian/Mother K.S.Lavanya .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to set aside the order dated 22.05.2018 in M.C. No. 14 of 2015 on the file of the Judicial Magistrate Court No.1, Gobichettipalayam to the extent of marking photocopies Ex.P10 and P11.

For Petitioner : Mr.T.Nirmaleswar For Respondents : Mr.N.Manokaran

O R D E R

When this Court was about to dismiss the case on merits, learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2.It is seen that the impugned letters have been marked by the trial Court, subject to objections as held by the Apex Court in Bipin Shantilal Panchal vs. State of Gujarat and another (2001) 3 SCC 1 and therefore, it is always open to the petitioner to challenge the relevancy and admissibility, during arguments.

3.In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to raise all the points before the trial Court. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm/gya https://hcservices.ecourts.gov.in/hcservices/

To 1.The Judicial Magistrate No.I, Gobichettipalayam.

2.The Chief Judicial Magistrate, Erode.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.89131 +1cc to Mr.T.Nirmaleswar, Advocate, S.R.No.89216 CRL.OP.No.19813 of 2018 GP(CO) rrs 23/01/2019 https://hcservices.ecourts.gov.in/hcservices/