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Madras High CourtCRL OP(MD)/4587/2015closed

Guruvuthai v. Esakki

2019-09-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.4587 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.4587 of 2015 and MP(MD)No.1 of 2015 Guruvuthai ... Petitioner / Accused Vs.

Esakki ... Respondent / Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the charge sheet in C.C No.63 of 2015 on the file of the Judicial Magistrate, Rajapalayam, quash the same.

For Petitioner : Mr.M.Subash Babu For Respondent : Mr.K.Appadurai

ORDER

The petitioner is facing trial in C.C No.63 of 2015 on the file of the Judicial Magistrate, Rajapalayam. To quash the same, this criminal original petition has been filed. 2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the complainant/respondent is no more. No one has filed an application to come on record in his place. Therefore, this petition is closed. If C.C No.63 of 2015 is taken up for trial and if none appears on the side of the complainant, the case will have to be dismissed and that will amount to acquittal in terms of Section 256 of Cr.PC. If any LR petition is filed, it will be open to the petitioner to file an M.P for reviving this criminal original petition. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.4587 of 2015 Skm To The Judicial Magistrate, Rajapalayam.

+1 CC to M/s.K. APPADURAI, Advocate ( SR-90756[F] dated 01/10/2019 ) +1 CC to M/s.M.SUBASH BABU, Advocate ( SR-90301[F] dated 30/09/2019 ) Crl OP(MD)No.4587 of 2015 27.09.2019 KM/(21.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2