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Madras High CourtCRL OP(MD)/15470/2014withdrawn dismissed

Oxford Engineering College v. The Inspector Of Police

2019-07-30Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).Nos.15470 of 2014 and 7201 of 2018 and Crl.M.P.(MD)Nos.1 and 2 of 2014, 3419 and 3420 of 2018 Oxford Engineering College, Rep.by its Chairman Subramanian, S/o Muthusamy Pillai, No.5/2, Maruthai Salai, Annamalai Nagar, Karur Bye Pass Road, Trichy-620 018.

: Petitioner/Accused No.1 in Crl.O.P.(MD)No.15470/14 M.Subramanian : Petitioner/Accused No.1 in Crl.O.P.(MD)No.7201/18 Vs.

1.State represented by The Inspector of Police, Woraiyur Police Station, Trichy District.

(Crime No.122/2013) 2.K.Rathinakumar : Respondents in both petitions PRAYER in Crl.O.P.(MD)No.15470 of 2014: Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records pertaining to the impugned charge sheet laid in C.C.No.131 of 2013 on the file of the Judicial Magistrate No.IV, Trichy and quash the same insofar as the petitioner herein is concerned. PRAYER in Crl.O.P.(MD)No.7201 of 2018: Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records connected with Charge Sheet No.131 of 2013 dated 19.09.2013 in PRC No.12 of 2013 pending on the file of the learned Judicial Magistrate No.IV, Tiruchirappalli and quash the same as illegal in respect of the petitioner.

For Petitioner : Mrs.J.Anandavalli For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

For R2 : Mr.S.K.Mani

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw these petitions. She has also made an endorsement to that effect.

2.In view of the endorsement made, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are dismissed.

Sd/ 30.07.2019 (*)These petitions have been posted on 27.08.2019 for Being Mentioned, In pursuance to the earlier order of this Court dated 30.07.2019 and made herein in the presence of the Advocate, this Court made the following order:- Today, the matters have been listed under the caption "For being mentioned".

2.The learned counsel appearing for the petitioners in both the petitions submitted that there are two Criminal Original Petitions are pending before this Court in Crl.O.P.(MD).No.15470 of 2014 and Crl.O.P.(MD).No.7201 of 2018. She further submitted that both cases are inter-connected. Earlier, the learned counsel appearing for the petitioners wanted to withdraw Crl.O.P.(MD). No.15470 of 2014 and she has also made an endorsement to that effect. But due to over sight, both the cases have been dismissed as withdrawn. In the above circumstances, today both the cases are listed before this Court under the caption "For being mentioned". 3.Considering the fact that the petitioner wants to withdraw only Crl.O.P.(MD).No.15470 of 2014, hence, Crl.O.P.(MD). No.15470 of 2014 alone dismissed as withdrawn. So far as Crl.O.P. (MD).No.7201 of 2018 is concerned, the order is recalled and the Registry is directed to post the matter in usual course. The Registry is further directed to issue a fresh order copy to the parties concerned.

Sd/- Assistant Registrar (CS-II) (*) Amendment made as per order of this Court dated 27.08.2019.

/True Copy/ Sd/- Assistant Registrar (CS-II) Sub Assistant Registrar(CS )

To (To be substituted the Order already despatched on 19.08.2019) 1.The Judicial Magistrate No.IV, Trichy.

2.The Inspector of Police, Woraiyur Police Station, Trichy District.

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

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2) +1 CC to M/s.J.ANANDHAVALLI, Advocate SR-78765[F] dated 31/07/2019. CRL.O.P.(MD).Nos.15470 of 2014 and Dated:

30.07.2019 ta JMN(16.08.2019) 2P : 5C CS(10.09.2019) 3P 7C