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Madras High CourtCRL OP/18119/2014withdrawn dismissed

Mrs.Rajamani, F/52, v. Mrs.V.Jeayanthi,

2015-01-07Honourable Mr Justice R.S.Ramanathan3 pages

Crl.O.P.No.18119 of 2014 R.S.Ramanathan,J., The Criminal Original Petition No.18119 of 2014, is listed today, under the caption "For Clarification".

2.

The above said Petition was filed to quash the proceedings in C.C.No.371 of 2012, initiated against the petitioners 1 to 3, who are arrayed as accused Nos. 1 to 3 in the said case respectively. The Petition was admitted on 17.07.2014, in respect of petitioners 1 and 2 alone and stay was granted in respect of petitioners 1 and 2 alone, and in respect of the third petitioner, the learned counsel appearing for petitioners made an endorsement that he was not pressing the Petition in respect of third petitioner. Hence, this Court, by order, dated 17.07.2014, dismissed the Petition as withdrawn in respect of the third petitioner. Thereafter, the case was listed on 07.01.2015, and on that date, it was represented by the learned counsel appearing for petitioners that he was withdrawing the Petition. Unfortunately, it was not brought to notice of this Court by the learned counsel for petitioners that Petition against the third petitioner was already withdrawn on 17.07.2014. Therefore, this Court passed an order, dated

07.01.2015, recording that the Petition was dismissed as withdrawn as a whole. According to the Office, the Petition against the third petitioner was already withdrawn and dismissed on 17.07.2014, and therefore, the order, dated 07.01.2015, dismissing the Criminal Original Petition has to be only in respect of petitioners 1 and 2 and the same has to be clarified.

3. As stated supra, Crl.O.P.No.18119 of 2014, was in respect of petitioners 1 and 2, as on 17.07.2014 the Petition was already dismissed as withdrawn against the third petitioner. Therefore, the order, dated 07.01.2015 is only regarding petitioners 1 and 2, and the same is clarified vide this order.

23.02.2015 sd R.S.Ramanathan,J.,

sd Crl.O.P.No.18119 of 2014 23.02.2015