The Madurai Bench dismissed a Criminal Revision under Sections 397 and 401 Cr.P.C. on the petitioner's application. The case was withdrawn as the petitioner sought to wait for the lower court's final order on the closure report before filing a fresh revision.
Criminal Revision dismissed as withdrawn; liberty to file appropriate revision after lower court's order.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2017
CORAM:
THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED
Crl.R.C.(MD)No.827 of 2017
Poomayil
... Petitioner/Petitioner
Vs.
... Respondents/Respondents
PRAYER: The Criminal Revision filed under Section 397 r/w 401 Cr.P.C., to call for the records relating to the closure report dated 03.11.2017 filed by the 4th respondent in pursuant to the order passed by the learned Judicial Magistrate No.IV, Trichy in Crl.M.P.No.6808 of 2017 dated 28.07.2017 and set aside the same and further direct the 4th respondent to register a case as per the order passed by the learned Judicial Magistrate No.IV, Trichy in Crl.M.P.No.6808 of 2017 dated 28.07.2017.
For Petitioner : Mr.K.Sivabalan
For Respondents : Mr.B.Jameel Arasu for R1 and R2 Mr.C.Mayilvahana Rajendran, APP for R4
: No Appearance
O R D E R
The learned counsel for the petitioner, learned counsel for the respondents 1 and 2 and the learned Additional Public Prosecutor appearing for the 4th respondent are present. Eventhough court notice to R3 was served none appeared. Hence, R3 is called absent today.
2.The learned counsel for the petitioner seeks permission to withdraw this Criminal Revision Case stating that this petition https://hcservices.ecourts.gov.in/hcservices/ is filed in premature stage questioning the closure report filed by the 4th respondent herein before the Court concerned and no
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order has been passed by the court below so far and it is pending for consideration before the Court. He has also made an endorsement for withdrawing this Criminal Revision case.
3.In view of the same, this Criminal Revision Case is dismissed as withdrawn with liberty to file appropriate revision after passing an order by the court below on the basis of the closure report. Sd/Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
1.The Judicial Magistrate No.IV, Trichy. 2.The Inspector of Police, District Crime Branch, Trichy. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc TO Mr.B.Jameel Arasu , Advocate in SR No. 94078 nbj AE/KK/SAR1/03.01.2017/2P/5C
Crl.R.C.(MD)No.827 of 2017 20.12.2017
2 issues framed by the court
Whether to allow withdrawal of a Criminal Revision filed to challenge a closure report.
Whether to restore the case pending the order of the court below on the closure report.
2 provisions across 1 enactments
Poomayil
Sakila
Sabina
Bharat
The Inspector of Police, District Crime Branch, Trichy
A.M.BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
