Madras High CourtCRL OP(MD)/19042/2021withdrawn dismissed

Gaja@Gajendran v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19042 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19042 of 2021 and Crl.M.P.(MD)No.10572 of 2021 Gaja @ Gajendran ... Petitioner Vs.

1.State represented by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.691 of 2021) 2.Palanivelu ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned FIR in Crime No.691 of 2021 dated 22.10.2021 on the file of the 1st respondent police and quash the same as illegal. For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.691 of 2021 registered on the file of the first respondent for the offences under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

2.The learned counsel appearing for the petitioner states that he would withdraw this criminal original petition. 3.The criminal original petition is dismissed as withdrawn. All the contentions and defences of the petitioner are left open. The first respondent shall file the final report on merits and in accordance with law within a period three months from the date of receipt of a copy of this order. The petitioner's bullock cart is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19042 of 2021 with the police. The bullocks are presently in the custody of Sri Jayam Goshala, Vanathirajapuram. The petitioner undertakes to pay the maintenance charges to the said Goshala before taking return of the bullock cart as well as bullocks. Even while dismissing this criminal original petition as withdrawn, direction is issued to the first respondent to return the bullock cart as well as bullocks to the petitioner. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

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

Crl.O.P(MD)No.19042 of 2021 02.12.2021 MGJ(09.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2