M.Maran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4152 of 2024 M.Maran, ... Petitioner Vs

1. The Superintendent of Police, Trichy.

2. The Inspector of Police, Srirangam Crime Branch Police Station, Trichy District.

3. Jeyapaul, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second Respondent not to harass the petitioner under the guise of enquiry based on the complaint given by the third Respondent. 1/4

For Petitioner : Mr.S.M.Mohan Gandhi For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner seeks permission of this Court to withdraw this Petition and he has also made an endorsement to that effect.

2.In view of the endorsement made by the learned Counsel for the Petitioner, this Petition is dismissed as withdrawn. 3.The Hon'ble Supreme Court in Sarguja Transport Service vs State Transport Appellate Tribunal and others, reported in (1987) 1 SCC 5, held that if a Writ Petition/Original Petition is withdrawn, the party in that Petition cannot file a fresh Petition on the same cause of action. Only if the right to sue for the same cause of action is reserved before seeking dismissal of the suit/Writ Petition as not pressed, he/she can file a fresh Petition. In 2/4

such cases, if the Writ Petition/suit/Original Petition had been dismissed as withdrawn, the Petitioner in such a case, loses his/her right to file a fresh Writ Petition on the same cause of action.

15.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Superintendent of Police, Trichy.

2. The Inspector of Police, Srirangam Crime Branch Police Station, Trichy District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LR CRL.O.P (MD) No.4152 of 2024 15.03.2024 4/4