K.R.Gopinathan Nair, 60 Years v. Mr.C.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2017

CORAM

THE HONOURABLE MR. JUSTICE N.AUTHINATHAN Crl.O.P.No.17239 of 2016 in Crl. A.SR. No.8633 of 2016 K.R.Gopinathan Nair .. Petitioner .Vs.

C.Rajendran .. Respondent PRAYER :

Petition filed under Section 378(4) of Cr.P.C., praying to grant leave to file the above appeal against dismissal of the complaint in C.C.No.175 of 2012 dated 05.12.2015 on the file of the learned Judicial Magistrate, F.T.C, Alandur. For Petitioner :

Mr.V.Chandrakanthan For Respondents :

Mr.Sundar Mohan

O R D E R

This Petition has been filed by the petitioner seeking to grant leave to file the above appeal against dismissal of the complaint in C.C.No.175 of 2012 dated 05.12.2015 on the file of the learned Judicial Magistrate, F.T.C, Alandur.

2. The learned counsel for the appellant submitted that as per the judgment of the full bench of this court in S.Ganapathy V/s. N.Senthilvel reported in 2016 CJ(Madras) 2049, the remedy to prefer an appeal in terms of Section 372 Cr.P.C., lies before the Principal Sessions Judge, Chengalpet. Hence, he seeks permission of this Court to withdraw the petition, with liberty to file an appeal before the Principal Sessions Court, Chengalpet. He has also made an endorsement to that effect in the petition.

3. In view of the submissions made by the learned counsel for the petitioner and also in view of the endorsement made, this Criminal Original Petition is dismissed as withdrawn. All https://hcservices.ecourts.gov.in/hcservices/

the points raised here are left open to be raised before the Court concerned.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar arr/mm To 1.The Judicial Magistrate, F.T.C, Alandur The Principal Sessions Court, Chengalpet.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Chandrakanthan, Advocate Sr. 48222 Crl.O.P.Nos.17239 of 2016 & Crl.A.SR.No.8633 of 2016 LRS(CO) VR(08/08/2017) https://hcservices.ecourts.gov.in/hcservices/