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Madras High CourtCRL OP(MD)/4423/2023dismissed as withdrawal

Anitha v. S.Vijayalakshmi

2023-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.PMD) Nos.3912 and 3913 of 2023 Anitha ... Petitioner/Accused No.4 Vs.

1. S.Vijayalakshmi ... 1st Respondent/Complainant 2.State represented by The Inspector of Police, C4, Thilagarthidal Police Station, (L&O), Madurai District.

3. Deepa

4. Krishnaveni

...Respondents 2 to 4 /

Respondents 1 to 3 PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the charge sheet in C.C.No.35 of 2021 on the file of the Judicial Magistrate No.II, Madurai, quash the same as against the petitioner/accused No.4 is concerned.

For Petitioner : Mr.C.Susikumar For Respondent : Mr.S.Manikandan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to call for the records relating to the charge sheet in C.C.No.35 of 2021 on the file of the Judicial Magistrate No.II, Madurai, quash the same as against the petitioner/accused No.4 is concerned.

2. The learned counsel for the petitioner would submit that before the trial Court P.W.1 was examined and has not cross examined the witness and he prays liberty to file appropriate a petition before the concerned Court to recall P.W.1.

3. Considering the learned counsel for the petitioner, liberty is granted to the petitioner to withdraw the petition. The petitioner is at liberty to file appropriate petition before the concerned trial Court. If it is filed by the petitioner, the trial Court may consider the same on its own merits.

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4. With the above direction, this Criminal Original Petition is dismissed as withdrawn. Consequently, the connected Miscellaneous Petitions are closed.

08.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu Note: Issue order copy on 15.03.2023 To 1.The Inspector of Police, C4, Thilagarthidal Police Station, (L&O), Madurai District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 08.03.2023 4/4