Madras High CourtCRL OP/25648/2021withdrawn dismissed

I.Syed Ahmed v. State Rep By

2022-01-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.25648 of 2021 and Crl.M.P.No.14249 of 2021

1. I.Syed Ahmed 2.Rahamathunnisa ... Petitioners/Accused 1&2

Versus

1.The State Represented by The Inspector of Police, CCB-II, Chennai, CCB, 132, E.V.K.Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

..1st Respondent 2.Charles Rajkumar ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to FIR lodged against the Petitioners in Crime No.195 of 2018 on the file CCB-II, Chennai CCB registered by the 1st respondent for the offence under Section 406, 420, 34 of the Indian Penal Code, 1806 and quash the same. For Petitioners :

Mr.Rahul Jagannathan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This petition has been filed to call for the records pertaining to Crime No.195 of 2018 dated 08.11.2018 on the file of the 1st respondent for the offence under Sections 406, 420, 34 of IPC and quash the same insofar as the petitioners are concerned.

2. The petitioners who are the accused Nos.1 & 2 in Crime No.195 of 2018, have filed this quash petition.

3. The learned Additional Public Prosecutor has submitted that in this case, the investigation was completed and charge sheet was filed before the Judicial Magistrate No.1, Tambaram on 09.08.2021 and the case is taken on file in C.C.No.119 of 2021 and now the case is posted for trial on 05.02.2022.

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4. At this juncture, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition with liberty to file a fresh petition.

5. In view of the above submissions, this petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rkp To

1. The Judicial Magistrate No.1, Tambaram.

2. The Inspector of Police, CCB-II, Chennai, CCB, 132, E.V.K.Sampath Road, Vepery, Periyamet, Chennai, Tamil Nadu 600 007.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.25648 of 2021 and Crl.M.P.No.14249 of 2021 KSM(CO) A.SK(20.01.2022) https://hcservices.ecourts.gov.in/hcservices/