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Madras High CourtCRL OP(MD)/10423/2023withdrawn dismissed

Rathan Raj v. The Inspector Of Police

2023-07-25Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and Crl.M.P.(MD) No.8273 of 2023 1.Rathan Raj 2.R.RAjamanickam 3.R.Varalakshmi ... Petitioners Vs.

1.The Inspector of Police, District Crime Branch, Tirunelveli.

2.Shobhan Babu ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.2 of 2023 on the file of the 1st respondent police and quash the same.

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For Petitioners : Mr.M.Ajmalkhan Senior Counsel for M/S.Ajmal Associates For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R2 : Mr.M.Palanivel O RDER This petition is filed seeking for quashment of the FIR in Crime No.2 of 2023 on the file of the respondent No.1 police. 2.When the matter was taken up for hearing on the last occasion, it was reported that the police have completed the investigation and filed the charge sheet against the petitioners alleging that they have committed offence punishable under Sections 120(b), 406 and 420 IPC.

3.The learned senior counsel for the petitioners, on instructions, now submits that since the respondent police have filed the charge sheet before the learned Judicial Magistrate No.1, Tirunelveli, he sought for permission of this Court to withdraw this petition with a liberty to challenge the charge sheet. 2/4

4.Considering the circumstances, this Petition is dismissed as withdrawn while giving liberty to the petitioners to challenge the charge sheet. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 25.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Inspector of Police, District Crime Branch, Tirunelveli.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.10423 of 2023 25.07.2023 4/4