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Madras High CourtCRL OP/23124/2021withdrawn dismissed

P.Nagaraj @ Nagarajan v. The State Rep By

2023-11-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.MP.Nos.12672 & 12674 of 2021 P.Nagaraj @ Nagarajan ... Petitioner Vs.

1.State rep by Deputy Superintendent of Police, Sankari Sub Division, Salem District (crime No.242 of 2017) 2.Suganya ... Respondents PRAYER: Criminal original petition is filed under Section 482 of Cr.P.C. to quash the final report filed in Spl.SC.No.13 of 2018 on the file of the learned Principal Sessions Court, Salem in crime No.242 of 2017 on the file of the first respondent.

For Petitioner : Mr.N.R.Elango, Senior Counsel for Mr.Jerald C.Tennyson For Respondents For R1 : Mr.A.Gopinath, Government Advocate(Crl.side) For R2 : Mr.R.Jayaprakash

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Spl.SC.No.13 of 2018 on the file of the learned Principal Sessions Court, Salem, thereby taken cognizance for the offences under Sections 354A, 354B, 376, 511, 294(b), 506(i) of IPC and Section 4 of Tamilnadu Woman Harassment Act, 2002 and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of SC and ST(PoA), Act 1989 as against the petitioner. 2.

The learned Senior Counsel appearing for the petitioner seeks permission of this Court to withdraw the petition. An endorsement to that effect has also been made.

3.

In view of the endorsement, this criminal original petition is dismissed as withdrawn. However, the petitioner is at liberty to raise all the grounds raised in this criminal original petition before the trial court including the ground related to community. Considering the age of the petitioner, the personal appearance of the petitioner before the trial court is dispensed with and he shall be represented by a counsel after filing appropriate application. However, the petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. Further, the trial Court is directed to

complete the trial within a period of six months from the date of receipt of copy of this Order. Consequently, connected miscellaneous petitions are closed. 17.11.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok To 1.The learned Principal Sessions Court, Salem 2.Deputy Superintendent of Police, Sankari Sub Division, Salem District 3.The Government Advocate, High Court of Madras G.K.ILANTHIRAIYAN, J.

lok

17.11.2023