Madras High CourtCRL OP(MD)/5793/2018withdrawn dismissed

Gobu v. The Inspector Of Police

2019-10-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.5793 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.5793 of 2018 and Crl.M.P(MD)Nos.2779 and 2780 of 2018 Gobu ... Petitioner/Accused No.2 Vs.

1.The State rep. by The Inspector of Police, Cantonment Police Station, Trichy City.

(Crime No.400 of 2017) ... 1st Respondent/Complainant 2.Palanisamy ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records relating to the impugned charge sheet in C.C.No.68 of 2018 on the file of the Judicial Magistrate No.II, Trichirappalli and quash the same as against the petitioner.

For Petitioner : Mr.N.Sudhagar Nagaraj For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side) For R2 : Mr.S.Deenadayalan ***

O R D E R

This petition has been filed to call for the records relating to the impugned charge sheet in C.C.No.68 of 2018 on the file of the Judicial Magistrate No.II, Trichirappalli and quash the same as against the petitioner.

2.Today, when the matter is taken up for hearing, the learned counsel for the second respondent submitted that the petitioner never appeared before the trial Court and non- bailable warrant is also pending as against the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5793 of 2018 3.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.

4. In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn. The first respondent is directed to secure the petitioner and proceed with the trial. The trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.II, Tiruchirappalli.

2.The Inspector of Police, Cantonment Police Station, Trichy City.

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

+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate SR-93417. +1 CC to M/s.S.DHEENADHAYALAN, Advocate SR-93587. Crl.O.P(MD)No.5793 of 2018 and Crl.M.P(MD)Nos.2779 and 2780 of 2018 18.10.2019 vsd CS(20.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2