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Madras High CourtCRL OP/4867/2017withdrawn dismissed

Veerapandi A.Raja @ Rajendran v. The State Rep.By

2020-08-19Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.4867 of 2017 CRL.M.P.Nos.3634 & 3635 of 2017 1.Veerapandi A.Raja @ Rajendran 2.P.Gousiga Bhoopathi 3.K.Sureshkumar @ Parapatti Sureshkumar 4.S.Sekar 5.V.Deivalingam 6.Gym Ramu 7.Saravanan 8.Alagapuram L.John Allocias 9.Alagapuram N.Prakash 10.Alagapuram R.Murali 11.Karthick @ Thathai Karthi 12.V.Narayanan 13.S.Lakshmanan Inspector of Police, (under Suspension) S/o.Somasundaram, 38, Ranga Nagar, Sooramangalam, Salem.

14.N.Sri Ranganathan, Thasildar (Retd.), S/o.Nellaiyappan, No.28-D, Harinivas, Vallalar Nagar, Salem-8.

15.V.Balagurumoorthi(58), R.D.O.(Retd), S/o.Venkatakrishnan, 115/8-D, Navasakthi Nivas, N.D.s. Nagar, Alagapuram, Salem.

... petitioners/Accused A2 to A16 Vs.

1.The State rep.by the Inspector of Police, Central Crime Branch, Salem City.

2.K.R.Premnath ... Respondents

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the charge sheet in S.C.No.251 of 2014 on the file of the Chief Judicial Magistrate, Salem and quash the same.

For Petitioner: M/s.A.L.Gandhimathi For Respondent: Mr.C.Iyyappa Raj Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the charge sheet in S.C.No.251 of 2014 on the file of the learned Chief Judicial Magistrate, Salem and quash the same.

2. The learned counsel for the petitioner seeks permission of this Court to withdraw the Criminal Original petition for the reason that the cases against the petitioners were already quashed by this Court in Crl.O.P.Nos.3751 & 3756 of 2019 dated 11.03.2019.

3. The learned Additional Public Prosecutor submitted that initially, a case in Crime No.41 of 2011 was registered. On completion of investigation, charge sheet came to be filed in S.C.No.251 of 2014 before the learned Chief Judicial Magistrate No.II, Salem. Thereafter, it was transferred to the Special Court for Politicians, M.P's and M.L.A's and re-numbered as S.C.No.465/2018. He further submitted that the above quash petition is to be listed before the Special Court for Politicians, M.P's and M.L.A's.

4. Therefore, quash petitions ought to have been listed before the Special Court for Politicians, M.P's and M.L.A's, in cases of present and former Elected members. However, this Court in Crl.O.P.Nos.3751 & 3756 of 2019, had already quashed the proceedings against the petitioners. Hence, the Criminal Original Petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

To 1.The Inspector of Police, Central Crime Branch, Salem City.

2.The Chief Judicial Magistrate, Salem.

3.The Public Prosecutor, High Court, Madras-104.

CRL.O.P.No.4867 of 2017 nrl[co] srg 20/10/2020