Ajmal Khan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN and Crl.M.P(MD)Nos.11619, 11620 of 2016 and 8342 of 2019 Ajmal Khan ... Petitioner in In Crl.OP(MD)No.22341 of 2016/A5

1. Jameemthin

2. Jalaludin

3. Mohammed Haroon

4. Mohamed Aneez

5. Sirajudin

6. Abubucker ... Petitioners in Crl.OP(MD)No.13692 of 2019/A1-4, 6 &7 Vs

1. The Inspector of Police, Cumbum North Police Station, Theni District.

2. K.Ahamed Ibrahim ... Respondents in all petitions COMMON PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records in C.C.No.174 of 2015, on 1/5

the file of the Judicial Magistrate, Uthamapalayam and quash the same. In all petitions:

For Petitioners : Mr. K.Mahendran For R1 : Mr.M.Muthu Manikkam Government Advocate (Crl.Side) For R2 : Party in Person COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in C.C.No.174 of 2015, on the file of the Judicial Magistrate, Uthamapalayam.

2.When the matters are taken up for hearing today, the learned counsel for the petitioners seeks permission of this Court to withdraw these petitions and made the following endorsement: "As per the instruction from the client, I may be permitted to withdraw the cases."

3.In view of the same, these Criminal Original Petitions are dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. However, liberty is granted to the petitioners to raise all their 2/5

contentions raised herein before the trial Court and the trial Court is directed to pass orders, without being influenced by the dismissal of this quash petition.

4.Considering the age and other facts, the personal appearance of the petitioners before the trial Court is dispensed with, upon the petitioners swearing to an undertaking affidavit, within a period of 15 days, from the date of receipt of a copy of this order, informing their address for service, that they duly would be represented by their counsel on all hearing dates, that they would, at no instance, dispute their identity and that, they would appear before the trial Court, as and when required. Upon the petitioners doing so, the trial Court may seek the presence of the petitioners before it, solely on the important hearing dates, ie., for collecting the final report and other papers under Section 207 Cr.P.C., for framing of charges, for questioning under Section 313 Cr.P.C and on the date of Judgment. 05.04.2023 NCS:Yes/No Internet:Yes Index:Yes/No PNM 3/5

To

1. The Inspector of Police, Cumbum North Police Station, Theni District.

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

4/5

K.K. RAMAKRISHNAN, J.

PNM COMMON ORDER IN and Crl.M.P(MD)Nos.11619, 11620 of 2016 and 8342 of 2019 05.04.2023 5/5