The court dismissed a writ petition seeking quashing of proceedings after the petitioner requested withdrawal. Courts granted liberty to defend before the trial court and ordered expedited trial considering the petitioner's age and delays.
Withdrawal of the petition allowed; liberty to defend granted; trial to be expedited.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2015 CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.OP.(MD)No.6585 of 2013 and M.P.Nos.1 and 2 of 2013
R.S.Marimuthu
: Petitioner
Vs.
1.The Deputy Superintendent of Police,
Vigilance and Anti Corruption, Nagercoil, Kanyakumari District, in Crime No.5 of 2011.
2.K.G.Ramesh Kumar : Respondents
PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the charge sheet and the records relating to the Special Case No.7 of 2012, on the file of the Chief Judicial Magistrate cum Special Court, Nagercoil and quash the same.
For Petitioner : Mr.M.Saravanan For Respondent No.1 : Mr.C.Ramesh Additional Public Prosecutor For Respondent No.2 : Mr.S.C.Herold Singh
O R D E R
The learned counsel appearing for the petitioner, on instructions, seeks the permission of this Court to withdraw the Criminal Original Petition and he has also made an endorsement to that effect. It is also prayed by the learned counsel for the petitioner that the petitioner may be granted liberty to put forth all his defences at an appropriate stage before the Trial Court and would make a further plea that since the petitioner is aged about 52 years, the trial of the case may be expedited.
Sd/-
Assistant Registrar (Crl.side)
/True copy/
Sub Assistant Registrar
2
To
1.The Chief Judicial Magistrate cum Special Judge, Nagercoil. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Nagercoil, Kanyakumari District. +1cc to MR.M.SARAVANAN, ADVOCATE IN SR : 10671 +1cc to MR.S.C.HEROLD SINGH, ADVOCATE IN SR : 10970 Nb SR : 16.03.2015 : 2p/6c ORDER MADE IN CRL.OP.(MD)No.6585 of 2013 DATED – 05.03.2015
3 issues framed by the court
Whether to allow withdrawal of the criminal original petition filed under Section 482 CrPC.
Whether to grant liberty to the petitioner to defend before the trial court.
Whether to direct the trial court to expedite the proceedings and complete the trial.
1 provisions across 1 enactments
R.S. Marimuthu
Deputy Superintendent of Police, Vigilance and Anti Corruption, Nagercoil
K.G. Ramesh Kumar
M. Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
