Madras High CourtCRL OP/3996/2017withdrawn dismissed

C.M.Raghunathan, v. State Rep. By ,

2020-07-22Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.3996 of 2017 and Crl.M.P.No.2975 of 2017 C.M.Raghunathan ... Petitioner/Accused No.1/Petitioner Vs.

State rep. by:

Inspector of Police, C.C.I.W C.I.D., Vellore.

(Crime No.6 of 2007) ... Respondent/Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set-aside the order passed by the learned Principal District and Sessions Judge, Vellore in C.R.P.No.14 of 2016 by confirming the order of the Judicial Magistrate No.II, Vellore in C.M.P.No.1519 of 2015 dated 24.02.2016 and consequently discharge the petitioner herein.

For Petitioner :

Mr.S.Sairaman For Respondent :

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to setaside the order dated 05.10.2016 in C.R.P.No.14 of 2016 passed by the learned Principal Sessions Judge, Vellore, by confirming the order dated 24.02.2016 in C.M.P.No.1519 of 2015 passed by the learned Judicial Magistrate No.II, Vellore. 2.The learned Additional Public Prosecutor appearing for the respondent submitted that there are totally 180 witnesses, in which 102 witnesses were examined and the case is posted on 26.07.2020 for further examination of witnesses. The petitioner, initially, filed a discharge petition in Crl.M.P.No.1519 of 2015 before the learned Judicial Magistrate No.II, Vellore and the same is dismissed on 24.02.2016, against which he filed a revision before the learned Principal Sessions Judge in C.R.P.No.14 of 2016 and the same is also dismissed on 05.10.2016, against which the present petition, which would amount to second revision, is not permissible in law.

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3.At this stage the learned counsel for the petitioner seeks permission of this Court to withdraw the petition and also made an oral endorsement to that effect. 4.In view of the oral endorsement made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar vv2 To 1.The Principal District & Sessions Judge, Vellore

2. The Judicial Magistrate No.II, Vellore.

3.The Inspector of Police, C.C.I.W C.I.D., Vellore.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3996 of 2017 NR(CO) GMY(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/