Madras High CourtCRL A(MD)/1089/2023withdrawn dismissed

Subbiahpandi v. The Deputy Superintendent Of Police

2024-02-13Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH 1.Subbiahpandi 2.Dhanasekaran @ Subbu ..Appellants/Petitioners Vs.

1.The State rep. by The Deputy Superintendent of Police, Sattur Town Police Station, Virudhunagar District.

2.Irulaparaja ..Respondents/Complainant Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 (Amended by Act 1 of 2016), to call for the records and set aside the 1/5

Order, dated 28.11.2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputtur in Crl.M.P.No.4241 of 2023 and grant the petitioners on bail in Crime No.358 of 2023 on the file of the respondent police for the alleged offence under Sections 147, 148, 294(b), 302, 506(2), 109 of IPC and 3(1) (r), 3(1) (s), 3(2) (Va) of SC/ST (Prevention of Atrocities) Act, 1989 by allowing this Criminal Appeal. For Appellants : Mr.G.Thiruvarutselvan For Respondents : Mr.A.Thiruvadi Kumar - for R1 Additional Public Prosecutor Ms.M.Krishnaveni - for R2 Legal Aid Counsel

JUDGMENT

When the matter is taken up for hearing today, the learned counsel appearing for the appellants seek permission of this Court to withdraw this Criminal Appeal with liberty to approach the trial Court and he has also made an endorsement to that effect. 2/5

2. Considering the submissions made by the learned counsel for the appellants and the endorsement so made, this Criminal Appeal is dismissed as withdrawn. The appellants are at liberty to approach the trial Court in accordance with law. 13.02.2024 NCC : Yes/No Index :

Yes / No Internet :

Yes / No RM 3/5

To 1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputtur 2.The Deputy Superintendent of Police, Sattur Town Police Station, Virudhunagar District.

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

4.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

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VIVEK KUMAR SINGH, J.

RM (2/2) 13.02.2024 5/5