Madras High CourtCRL OP/18052/2018withdrawn dismissed

S.Satish Mohan, Aged 45 Years, v. The State Of Tamil Nadu

2018-07-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.18052 of 2018 and Crl.M.P.Nos.9412 & 9413 of 2018 S.Satish Mohan .. Petitioner Vs

1. State of Tamilnadu rep. by Inspector of Police, Selaiyur Police Station, Chennai District.

2. S.Ramesh .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the charge sheet in C.C.No.644 of 2011 on the file of Judicial Magistrate, Tambaram.

For Petitioner : Mr.V.K.Vijayaragavan For Respondents : Mr.C.Raghavan (for R1) Govt. Advocate

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. In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the contentions before the trial court, after the charges are framed. Consequently, connected Miscellaneous Petitions are closed. 3.Learned counsel for the petitioner submitted that on account of abscondence of Regiogam Maria Nayagam [A3], the trial Court has not been able to proceed further with the trial in C.C.No.644 of 2011 from 2011 onwards.

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4.In such view of the matter, this Court directs the respondent Police and the learned Judicial Magistrate, Tambaram to split up the case as against Regiogam Maria Nayagam [A3] under Rule 17 of the Criminal Rules of Practice, if he is not available and proceed with the case in respect of the available accused and complete the same within a period of six months from the date of splitting up of the case.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate, Tambaram.

2.The Inspector of Police, Selaiyur Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.18052 of 2018 VBA(CO) GSP(27/07/2018) https://hcservices.ecourts.gov.in/hcservices/