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Madras High CourtCRL OP/28666/2018allowed

Nandu @ Nandakumar v. The State Rep By

2018-12-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28666 of 2018 and Crl.M.P.Nos.16690 & 16691 of 2018 Nandu @ Nandakumar

...Petitioner/Revision

Vs.

The State rep by Sub-Inspector of Police, K-8, Arumbakkam Police Station, Chennai-600 106. ...Respondent/Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Cr.P.C., to set-aside the order dated 31.10.2016 passed by the Hon'ble Principal Sessions Judge in Crl.R.C.No.29 of 2018 against C.M.P.No.735 of 2018 in C.C.No.5725 of 2007 on the file of the V Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.T.V.Vineeth Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the order passed by the learned Principal Sessions Judge in Crl.R.C.No.29 of 2018 against C.M.P.No.735 of 2018 in C.C.No.5725 of 2007 on the file of the V Metropolitan Magistrate, Egmore, Chennai, dated 31.10.2016.

2. The petitioner has been arrayed as A2 in the final report filed by the respondent police for an offence under Section 294 (b), 341 and 323 of IPC. The defacto complainant namely Mr.A.Peter Selvaraj was present before this Court and he categorically stated that the matter has been amicably settled and there is no need to proceed further with the case. An affidavit has also been filed before this Court in a pending proceedings wherein, A2 had sought for quashing the order in Crl.R.C.No.29 of 2018.

https://hcservices.ecourts.gov.in/hcservices/

This Criminal Original Petition stands allowed and as a sequel, the proceedings in * C.C.No.5725 of 2007 on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai. is quashed and the terms of Affidavit of Defacto Complainant shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CO) *Corrected as per order of 11.12.2018 this Court dated 14.12.2018 Crl.O.P.No.28666 of 2018 and Crl.M.P.Nos.16690 & 16691 of 2018 -s/dAssistant Registrar(CO) dated 17.12.2018 //True Copy// Sub Assistant Registrar rpl To 1.The Principal Sessions Judge, Chennai.

2.V Metropolitan Magistrate, Egmore, Chennai.

To be Substituted for the order already 3.The Sub-Inspector of Police, despatched on K-8, Arumbakkam Police Station, 12.12.2018 Chennai-600 106.

4.The Sub Assistant Registrar, Account Section, High Court,Madras.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.V.Vineeth Kumar, Advocate, S.R.No.87237 Crl.O.P.No.28666 of 2018 RJI(CO) rrs 11/12/2018 CS/18/12/2018 https://hcservices.ecourts.gov.in/hcservices/