Madras High CourtCRL OP(MD)/5592/2019withdrawn dismissed

H. Babu, S/O.Hariram, v. The Inspector Of Police,

2019-04-22Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.5592 of 2019 & Crl.M.P.(MD)No.3526 of 2019 1.H.Babu 2.N.Hariram 3.H.Kalavathy 4.Mayilrajan 5.Amarajothi 6.M.Raja Bharathi @ Rajkumar 7.Yogalakshmi .. Petitioners Vs.

1.The State Rep. by The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.58 of 2019) 2.Padma Selvi .. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to the case in Crime No.58 of 2019 on the file of the Inspector of Police, Thallakulam Police Station, Madurai City and quash the same. For Petitioners :Mr.A.Kesavan For R1 :Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Criminal side)

O R D E R

The learned counsel appearing for the petitioners seeks permission of this Court to withdraw this Criminal Original Petition and he has also made an endorsement to that effect.

2.In view of the endorsement made by the learned counsel appearing for the petitioners, this Criminal Original Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

SD/- 22.04.2019 smn2 This petition having been posted on 24/0/2019 for Being mentioned. In Pursuance to the order of this court dated 22/04/2019 and made herein in the presence of the above said Advocate, this court made the following order:

This Criminal Original Petition has been listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioners.

2. The learned counsel for the petitioners submitted that on 22.04.2019 when the matter came up for hearing he wrongly sought permission of this Court to withdraw this Criminal Original Petition. Since the petitioners 6 and 7 are being students, the pendency of the proceedings in crime number 58 of 2019 on the file of the Inspector of Police, Thallakulam Police Station, Madurai city on the file of would spoil their career. Therefore he prays that the Criminal Original Petition may be restored to file in respect of petitioners 6 and 7 and adjudication be made.

3. Considering the request made by the learned counsel appearing for the petitioners, I am inclined to issue a direction to the respondent police, if there is no material found against the petitioners 6 and 7 , who are students, their names may be deleted from the case. It is open to the petitioners 6 and 7 to produce relevant materials available with them before the respondent police to prove/show their innocence.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Thallakulam Police Station, Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.

P.(MD)No.5592 of 2019 NR(CO) TR (08.05.2019) 3P 3C