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Madras High CourtCRL OP/22306/2015withdrawn dismissed

K. Sellappan v. The State Rep. By Its

2015-09-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22306 of 2015 and M.P.No.1 of 2015 1.K.Sellappan 2.K.Marappan 3.K.Perumal 4.N.Mahalingam .. Petitioners/Accused Vs 1.The State rep by its The Sub Inspector of Police Bhavani Police Station Erode District (Crime No.238 of 2014) 2.P.Sellappan .. Respondents/ complainant&Defeto complainant Prayer:- Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records relating to final report in STC No.8208 of 2015 dated 26.12.2014 on the file of the Judicial Magistrate, Bhavani and quash the same.

For Petitioner :

Mr.E.C.Ramesh For R1 :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

When this Court was about to dismiss the petition on merits, learned counsel for the petitioner sought permission of this Court withdraw this petition. and he has also made an endorsement to that effect. He also submitted that the second petitioner/K.Marappan [A2] is a disabled septuagenarian and hence, his presence before the trial Court may be dispensed with.

2. In view of the above, this petition is dismissed as withdrawn. Consequently, connected miscellaneous petition is closed.

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

3. The second petitioner shall appear before the Trial Court for receiving the papers under Section 207 Cr.P.C.; for answering charges; for questioning under Section 313 Cr.P.C., and on the date of judgment. For rest of the hearings, the presence of the second petitioner can be dispensed with provided, his counsel gives an undertaking that he will cross examine the witnesses in his favour without adopting dilatory tactics.

-Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar gms To 1.The Sub Inspector of Police Bhavani Police Station Erode District.

2.The Judicial Magistrate, Bhavani.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22306 of 2015 TM(co) cp 28/09/2015 https://hcservices.ecourts.gov.in/hcservices/