Aruchamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P. No.14017 of 2021 and Crl.M.P.No.7641 of 2021 Aruchamy ... Petitioner /A2

Versus

1.The State Rep.by The Inspector of Police, C-2, Race Course Police Station, Coimbatore City, Coimbatore.

(Crime No.1252 of 2020) 2.The Sub Inspector of Police, C-2, Race Course Police Station, Coimbatore City, Coimbatore.

... Respondents / Defacto Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.1252 of 2020, dated 19.12.2020 on the file of the first respondent/police and quash the same. For Petitioner : Mr.S.Doraiswamy For Respondents : Mr.A.Damodharan, Government Advocate(crl.side)

ORDER

The petitioner, who is the second accused in Crime No.1252 of 2020, had filed this quash petition. 2.It is submitted by the learned Government Advocate (crl.side) that in this case, the first respondent /police has completed the investigation and filed charge sheet, for the offence under Section 143 and 269 of IPC., on 21.12.2020 and the same is now taken on file in STC.No.4711 of 2021, pending before the Judicial Magistrate No.III, Coimbatore and the case was also https://hcservices.ecourts.gov.in/hcservices/

posted for next hearing on 22.09.2021. Therefore, nothing survives for further adjudication and the prayer has become infructuous.

3.In view of the same, the learned counsel for the petitioner seeks permission of this Court to withdraw the present petition and further, he seeks liberty to challenge the charge sheet filed on STC.No.4711 of 2021 in a manner known to law. 4.Considering the same, the learned counsel for the petitioner is permitted to withdraw the petition and liberty is granted to the petitioner to challenge the charge sheet, if he is so advised.

5.Accordingly, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to challenge the charge sheet, if he is so advised. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar klt To

1. The Inspector of Police, C-2, Race Course Police Station, Coimbatore City, Coimbatore.

2. The Sub Inspector of Police, C-2, Race Course Police Station, Coimbatore City, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Doraisamy, Advocate, S.R.No.39962 CRL.O.P. No.14017 of 2021 and Crl.M.P.No.7641 of 2021 PL(CO) SB(03/09/2021) https://hcservices.ecourts.gov.in/hcservices/