Madras High CourtCRL OP(MD)/17406/2017dismissed as withdrawal

P.P.V. Annamalai v. The Inspector Of Police

2023-02-06Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17406 of 2017 and Crl.M.P.(MD).Nos.11418 and 11419 of 2017 1.P.P.V.Annamalai 2.P.P.V.Panchtcharam 3.P.P.V.Subbaiah 4.P.P.V.Velayutham 5.Sankaran ... Petitioners Vs.

1.State Represented by The Inspector of Police, District Crime Branch, Sivagangai District.

... Respondent/Complainant 2.K.R.Raja ... Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and to quash the final report filed by the respondent in C.C.No. 33 of 2015 on the file of the Judicial Magistrate No. II, Sivagangai. 1/4

For Petitioners : Mr.S.Sonaimuthu For R-1 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor.

For R-2 : Mr.G.Prabhu Rajadurai

ORDER

The learned counsel for the petitioners submit that he has instructions to withdraw the above Criminal Original Petition as the petitioners are ready to face the trial and raise all the points raised in the instant petition before the Trial Court. However, he pleaded that since the petitioners are senior citizens, their presence before the Trial Court may be dispensed with and the Trial Court may be direct to expedite the trial.

2. The learned Additional Public Prosecutor for the first respondent submits that P.W.1 has already been examined.

3. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the first respondent and the learned counsel for the second respondent.

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4. In view of the endorsement made by the learned counsel for the petitioners, the petitioners are permitted to withdraw the above Criminal Original Petition and raise all the points raised by them in the present case before the Trial Court. This Court is of the view that since the petitioners are senior citizens, their appearance before the Trial Court shall be dispensed with unless the Trial Court deems their presence necessary for the progress of the trial. The Trial Court also may expedite the trial in C.C.No.33 of 2015 and conclude it within a period of one (1) year from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. 06.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate No. II, Sivagangai.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.17406 of 2017 and Crl.M.P.(MD).Nos.11418 and 11419 of 2017 06.02.2023 4/4