Madras High CourtCRL RC(MD)/283/2015withdrawn dismissed

Sathish v. The Revenue Divisional Officer

2017-08-11Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C.(MD) No.283 of 2015 Sathish ... Petitioner Vs.

1. The Revenue Divisional Officer, Tiruchendur.

2. Srikumar, Sub Inspector of Police, Sathankulam Police Station.

3. Selvaraj Head Constable No.758, Sathankulam Police Station.

4. Balu Head Constable No.1191, Sathankulam Police Station.

5. Sam Fright Head Constable No.767, Sathankulam Police Station.

6. Kala, Former Sub Inspector, Sathankulam Police Station.

7. Jeyakumar Constable No.1722, Sathankulam Police Station.

8. John Wilson, Constable No.101, Meignanapuram Police Station.

9. Appukuttan, Constable No.626, Meignanapuram Police Station.

10. C.Murali, Formerly Inspector, Sathankulam Police Station.

... Respondents

Petition filed under Sections 397 read with 401 Cr.P.C, against the order passed in Cr.M.P.No.168 of 2008 in S.C.No.125 of 2008 dated 09.07.2010 on the file of the Additional Sessions Judge, (Fast Track Court No.1), Thoothukudi.

For Petitioner : Mr.L.Shaji Chellan For 1st Respondent : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor For Respondents 3,7 to 9 : Mr.G.Thalaimutharasu For 10th Respondent : Mr.Robert Barnabas for Mr.N.Tamilmani For 2nd Respondent : Mr.A.Thiruvadikumar For 6th Respondent : Mr.J.Ashok for M/s.Jeyapaul Associates For 5th Respondent : Mr.R.Balakrishnan

ORDER

After arguing the matter at length, learned counsel for the petitioner seeks to withdraw the Criminal Revision Case with liberty to file a petition under Section 319 Cr.P.C and he has also made an endorsement to that effect.

2.In view of the endorsement made by the learned counsel for the petitioner, the Criminal Revision Case is dismissed as withdrawn. It is always open to the petitioner to file an application under Section 319 Cr.P.C., during trial, if it appears from any evidence that apart from the accused any person has committed any offence. Apart from that the petitioner is at liberty to file application to assist the prosecution under Section 301 of Cr.P.C., if so advised.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To

1. The Additional Sessions Judge, (Fast Track Court No.1), Thoothukudi.

2. The Revenue Divisional Officer, Tiruchendur.

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

+1cc to M/S. J.ASHOK, Advocate, SR.No.70324.

+1cc to M/S. N.TAMILMANI, Advocate, SR.No.72269. +1cc to M/S. A.THIRUVADIKUMAR, Advocate, SR.No.72549. +1cc to M/S. L.SHAJI CHELLAN, Advocate, SR.No.72683. +1cc to M/S. R.BALAKRISHNAN, Advocate, SR.No.72488. Crl.R.C.(MD) No.283 of 2015 11.08.2017 sms SDS/KP/SAR 2/05.09.2017/3P/9C