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Madras High CourtCRL OP(MD)/11001/2023dismissed as withdrawal

P.Balagurunathan v. The Deputy Superintendent Of Police

2024-03-01Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP P.Balagurunathan ... Petitioner Vs.

1. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

2. The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

3. B.Kesavan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue a direction to transfer the investigation to some other agency to conduct further enquiry on the complaint made by the Petitioner dated 09.07.2022 on the file of the second Respondent within time stipulated by this Court.

For Petitioner : Mr.I.Pinayagash For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

ORDER

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2.In view of the endorsement made by the learned Counsel for the Petitioner, this Petition is dismissed as withdrawn. 3.The Hon'ble Supreme Court in Sarguja Transport Service vs State Transport Appellate Tribunal and others, reported in (1987) 1 SCC 5, held that if a Writ Petition/Original Petition is withdrawn, the party in that Petition cannot file a fresh Petition on the same cause of action.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 In such cases, if the Writ Petition/suit/Original Petition had been dismissed as withdrawn, the Petitioner in such a case, loses his/her right to file a fresh Writ Petition on the same cause of action.

01.03.2024 Index : Yes/No Internet:Yes/No jbr 2/4

To

1. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

2. The Inspector of Police, Vilathikulam Police Station, Thoothukudi District.

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

3/4

SATHI KUMAR SUKUMARA KURUP, J., jbr 01.03.2024 4/4