Madras High CourtCRL OP(MD)/9149/2017withdrawn dismissed

Lakshmi v. The Inspector Of Police

2017-07-26Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM:

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9149 of 2017 and Crl.M.P.(MD)Nos.6222 and 6223 of 2017 1.Lakshmi 2.Kannaki 3.Somasundari 4.Pappathi 5.Gandhimathi 6.Lakshmi 7.Muthulakshmi 8.Sangeetha 9.Pichaiyammal 10.Palaniammal 11.Eshwari 12.Pothumponnu 13.Vellathay 14.Vennila 15.Mariyammal 16.Anjalai .. Petitioners/A1,2,5,6,7,9 to 19 -vs1.The Inspector of Police, Vaiyampatti Police Station, Tiruchirappalli District. : 1st Respondent / Complainant 2.Veeramalai : 2nd Respondent/De-facto complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the Charge Sheet in C.C.No.168 of 2017 on the file of the Judicial Magistrate Court, Manapparai as against these petitioners.

For Petitioner : Mr.A.Thiyagarajan For Respondent 1 : Mr.K.Anbarasan Government Advocate (Crl.Side) ***** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned Government Advocate (Criminal Side) on instructions submitted that upon further enquiry, the offence was altered into the provisions of SC / ST Act. It is further submitted that the criminal case taken on the file of the Judicial Magistrate has now been withdrawn and on account of the alteration report and because of the alteration the case has now been taken on file in P.C.R.No.16 of 2017. Since the charge sheet which was taken on file in C.C.No.168 of 2017 is not on file, the petitioner has to file an independent petition to challenge the final report in P.C.R.No.16 of 2017. However, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this Criminal Original Petition with liberty to file fresh Criminal Original Petition challenging the proceedings in P.C.R. No.16 of 2017 before the Judicial Magistrate, Manapparai. 2.In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn with liberty to approach this Court by filing fresh Criminal Original Petitions.

Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate, Manapparai 2.The Inspector of Police, Vaiyampatti Police Station, Tiruchirappalli District.

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

SRM/LS RL/4C/2P/KK/SAR1/8/8/2017 Crl.O.P.(MD) No.9149 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 26.07.2017