Madras High CourtWP(MD)/22767/2023withdrawn dismissed

Sundarrajan v. The Superintendent Of Prison,

2023-09-20Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR WP.(MD)No.22767 of 2023 and WMP(MD) No.19019 of 2023 Sundarrajan .. Petitioner Vs.

1.The Superintendent of Police, Trichy Central Prison Trichy.

2.The Inspector of Police, K.K.Nagar Police Station, Trichy .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned order passed by the respondent No.1 made in No.20597/Tha.Ku.1/2023 dated 17.08.2023 and quash the same as illegal consequently direct the respondent No.1 to set off the remand period from 09.09.2012 to 18.02.2013 and from 22.12.2013 to 24.06.2014 in SC No.137 of 2013 on the file of the II Additional District and Sessions Judge, Tiruchirappalli further to calculate and include those days with conviction period undergone by the petitioner under Section 428 of the Criminal

Procedure Code in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Venkatesan for Ms.M.Sudharani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition. He has also made an endorsement to that effect.

2. In view of the said submission and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition. Consequently connected Miscellaneous Petition is closed. (M.S.R.,J.) (M.N.K.,J.) 20.09.2023 NCC :Yes / No Internet : Yes

RR To 1.The Superintendent of Police, Trichy Central Prison Trichy.

2.The Inspector of Police, K.K.Nagar Police Station, Trichy 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH, J.

and M.NIRMAL KUMAR,J.

RR W.P.(MD)No.22767 of 2023 20.09.2023