Madras High CourtCRL MP(MD)/1293/2024dismissed as infructuous

Abey @ Abeykarthick v. The Inspector Of Police

2024-11-06Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.11.2024

CORAM:

THE HON'BLE MR JUSTICE P.VADAMALAI CRL.M.P (MD) No.1293 of 2024 in Crl.R.C(MD)SR.No.650 of 2024 Abey @ Abeykarthick ... Petitioner Vs.

1.State Represented by, The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District 2.Raja Sakravarthi @ Vimal raj 3.Venkadesh @ Padma 4.Vinoth Kumar 5.Sujin 6.Subash 7.Karthick 8.Anandh 1/5

9.Vignesh 10.Kiman ... Respondents Prayer in Crl.M.P.(MD)No.1293 of 2024 : Criminal Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 218 days in preferring the Criminal Revision Petition in Crl.R.C(MD)SR.No.650 of 2024 against the order passed in Crl.M.P.No. 8559 of 2022 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District dated 24.02.2023.

Prayer in Crl.R.C.(MD)SR No.650 of 2024 : Criminal Revision Case filed under Section 438 r/w 442 of BNSS, praying to call for the records relating to the order in Crl.M.P.No.8559 of 2022 in C.C.No.103 of 2023 on the file of the learned Judicial Magistrate, Eraniel dated 24.02.2023 and set aside the same.

For Petitioner : Mr.R.Russel Raj For R1 : Mr.M.Vaikkam Karunanidhi Government Advocate (Crl. Side) For R2 to R5 & R7, R9 and R10 : No Appearance

O R D E R

When the matter is taken up for hearing today (06.11.2024), the learned counsel appearing for the petitioner submitted that the matter has 2/5

become infructuous, and seeks permission of this Court to withdraw this petition, and he has also made an endorsement in the bundle to that effect.

2. Recording the submission and endorsement made by the learned counsel for the petitioner, this Criminal Miscellaneous Petition is dismissed as withdrawn. Consequently, the connected Criminal Revision Case in Crl.R.C(MD)SR.No.650 of 2024 is rejected at the stage of SR itself. 06.11.2024 mkn NCC : Yes / No Index : Yes / No Internet : Yes / No 3/5

To 1.The Judicial Magistrate, Eraniel, Kanyakumari District 2.The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 4/5

P.VADAMALAI, J.

mkn CRL.M.P(MD)No.1293 of 2024 in Crl.R.C(MD)SR.No.650 of 2024 06.11.2024 5/5