Madras High CourtCRL OP(MD)/22839/2024withdrawn dismissed

Sahaya Muthiah @ Sahayam v. The State Of Tamil Nadu

2025-01-03Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.14319 of 2024 Sathaya Muthiah @ Sahayam ... Petitioner Vs.

1.State, Rep. by, The Inspector of Police, District Crime Branch, Kanyakumari District.

(Crime No.19 of 2023) 2.P.Rengasamy ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the impugned first information report in Crime No.19 of 2023, on the file of the Inspector of Police, District Crime Branch, Kanyakumari District, and quash the same as illegal. For Petitioner : Mr.L.George Paul Anto For R1 : Mr.K.Sanjai Gandhi Government Advocate (Criminal side) 1/4

For R2 : Mr.N.Dilip Kumar

ORDER

Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent submitted that, upon completion of the investigation, the final report was filed before the learned Judicial Magistrate Court No.I, Nagercoil, on 27.02.2024. The same has been taken cognizance in C.C.No.626 of 2024, and the case has been posted for 31.01.2025 for issuing summons to the accused.

2. Mr.N.Dilip Kumar, learned counsel appearing for the second respondent / de-facto complainant submitted that the de-facto complainant in this case has passed away and his son is now a victim, pursuing the case.

3. At this juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw the Criminal Original Petition and he has also made an endorsement to that effect. 2/4

4. Recording the above said submission and the endorsement made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed.

03.01.2025 NCC : Yes / No Index : Yes / No smn2 To 1.The Inspector of Police, District Crime Branch, Kanyakumari District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 03.01.2025 4/4