Madras High CourtCRL OP(MD)/21789/2015withdrawn dismissed

M. Ramesh v. The Sub Inspector Of Police

2016-03-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.21789 & 21943 of 2015 and M.P.(MD) Nos.1 & 1 of 2015 M.Ramesh ... Petitioner in both Crl.O.Ps.

vs.

1.The State by Sub Inspector of Police South Crime Police Station Thoothukudi 2.S.Backiaraj ... Respondents in both Crl.O.Ps.

PRAYER (Crl.O.P.(MD) No.21789 of 2015): This petition is filed under Section 407 Cr.P.C., to withdraw the case in C.C.No.386 of 2006, on the file of the Judicial Magistrate No.I, Thoothukudi and transfer the same to any other competent Court in other District. PRAYER (Crl.O.P.(MD) No.21943 of 2015): This petition is filed under Section 482 Cr.P.C., to call for the records in Cr.M.P.No.8452 / 2012, dated 21.07.2015 in C.C.No.386 of 2006, on the file of the Judicial Magistrate No.I, Thoothukudi, in Crime No.115 of 2006, on the file of the South Crime Police Station, Thoothukudi and to set aside the order passed in the same. For Petitioner :Mr.N.Mohideen Basha (in both Crl.O.Ps) For Respondents :Mrs.S.Prabha, (in both Crl.O.Ps) Govt. Advocate (Crl.Side) for R1 Mr.T.

Lajapathi Roy for R2 C O M M O N O R D E R The learned counsel appearing for the petitioner / de facto complainant seeks permission of this Court to withdraw the above criminal original petitions as the trial, in C.C.No.386 of 2006, on the file of the learned Judicial Magistrate No.I, Thoothukudi, https://hcservices.ecourts.gov.

is almost completed and the petitioner / de facto complainant may be permitted to file written submissions in support of the prosecution.

2. Accepting the submissions of the learned counsel appearing for the petitioner / de facto complainant, these criminal original petitions are dismissed as withdrawn with liberty to file written submissions, in C.C.No.386 of 2006, as contemplated under Section 302(2) Cr.P.C., and the Trial Court is directed to consider the same while delivering Judgment. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Record) /True Copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The Judicial Magistrate No.I, Thoothukudi.

2.The Sub Inspector of Police, South Crime Police Station, Thoothukudi.

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

+1cc to Mr.N.Mohideen Basha,Advocate Sr No.15059 +1cc to Mr. T.Lajapathi Roy,Advocate Sr No.15451 rg.AN-MP 2P/6C Crl.O.P.(MD) Nos.21789 & 21943 of 2015 and M.P.(MD) Nos.1 & 1 of 2015 17.03.2016 https://hcservices.ecourts.gov.in/hcservices/