Ponnuthai v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P.(MD).No.5720 of 2020 Ponnuthai ... Petitioner Vs.

1.The State Rep by The Deputy Superintendent of Police, C.C.I.W, Tirunelveli, Tirunelveli District.

2.Paramasivan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in connection with the impugned Charge sheet in C.C.No.84 of 2009 pending on the file of the Judicial Magistrate Court No-2, Virudhunagar, Virudhunagar District and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.S.Saravagan Prabhu For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the impugned Charge sheet in C.C.No.84 of 2009, pending on the file of the Judicial Magistrate Court No-2, Virudhunagar, Virudhunagar District.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, submits that the trial was commenced and witnesses P.W.1 to P.W.4 have been examined.

3. At this stage, the petitioner seeks permission of this Court to withdraw this case, with liberty to raise her contention before the trial Court and also seeks directions to dispose the case within the stipulated time.

4. In view of the request made by the petitioner, this Criminal Original Petition stands dismissed with the following terms:

(i)The petitioners are at liberty to raise their contentions before the trial Court and the learned trial Judge is directed to considered the same on merits.

(ii)The learned trial Judge is directed to dispose the same within (iii)Considering the plea of the petitioners that the petitioners are in Chennai, and the learned counsel for the petitioners undertakes the appearance of the petitioners before the trial Court. Therefore, the appearance of the petitioners is dispensed with. Consequently, connected criminal miscellaneous petition is closed.

30.10.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

To 1.The Deputy Superintendent of Police, C.C.I.W, Tirunelveli, Tirunelveli District.

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

K.K.RAMAKRISHNAN, J.

sbn and Crl.M.P.(MD).No.5720 of 2020 30.10.2023