R.Sethupathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CRL.O.P(MD)No.12836 of 2020 and Crl.M.P(MD)No.5859 of 2020 1.R.Sethupathy 2.Ilayaraja @ Ilasu ... Petitioners/Accused Nos.3 & 4 Vs.

1.State represented by, The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

... 1st Respondent/Complainant 2.The Deputy Superintendent of Police, Ramanathapuram, Ramanathapuram District.

... 2nd Respondent/ Investigation Officer 3.Vairavakasu ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records of the impugned charge sheet in Spl.S.C.No.12 of 2020 on the file of the Special Court for trial under SC/ST (Prevention of Atrocities) Act, Ramanathapuram and quash the same insofar as the petitioners concerned.

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For Petitioners : Mr.K.Sasi Prabhu for Mr.G.Prabhu Rajadurai For RR 1 & 2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R - 3 : Mr.P.Muthusamy

ORDER

Mr.K.Sasi Prabhu, learned counsel representing counsel on record for the petitioner, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor for the respondents 1 and 2 and Mr.P.Muthusamy, learned counsel for third respondent are before this Court. 2.The learned counsel for the petitioner has sought permission of this Court to withdraw the Criminal Original Petition. To that effect he has made an endorsement in the case file. He has further requested to pass suitable order for expeditious disposal of the Sessions Case No.12 of 2020, which is pending on the file of the Special Court for trial under SC/ST (Prevention of Atrocities) Act, Ramanathapuram (hereinafter referred to as 'trial Court').

3.Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondents 1 and 2 has submitted that trial 2/5

has commenced before the trial Court and the same is in progress. The said submission is recorded.

4.In view of the endorsement and request made by the learned counsel appearing for the petitioners, this Criminal Original Petition is dismissed as withdrawn. However, trial Court is directed to conclude the trial and pass Judgment as per law in the Special Sessions Case (Spl.S.C.No.12 of 2020) as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

10.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes ps 3/5

To 1.The Special Court for trial under SC/ST (Prevention of Atrocities) Act, Ramanathapuram.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

3.The Deputy Superintendent of Police, Ramanathapuram, Ramanathapuram District.

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

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R.SAKTHIVEL, J.

ps Order made in 10.10.2023 5/5