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2009 Supreme(Mad) 1993

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE G. RAJASURIA
Devalingam
Versus
State of Tamil Nadu,rep.by the Inspector of Police & Another
Crl.R.C.No.186 of 2007 and M.P.No.1 of 2007
Decided on: 01-07-2009

Advocates Appeared:
For the Petitioner:K.K. Ananthapadmanabhan, Advocate. For the Respondents:R1, Hasan Md.Jinnah, A.P.P., R2, K. Gandhikumar, Advocate.

The withdrawal of a case can lead to its dismissal, and the Court has the authority to direct the expedited disposal of a matter affected by a stay order.

Headnote:

Withdrawal - Criminal Revision Case - The court dismissed the criminal revision case as withdrawn, directing the Fast Track Court to dispose of the matter within four months from the date of receipt of the order, on a day-to-day basis.

Fact of the Case:

The revision petitioner sought to withdraw the case, leading to the dismissal of the criminal revision case. The trial was not progressing due to a stay order passed by the Court.

Finding of the Court:

The Court dismissed the criminal revision case as withdrawn and directed the Fast Track Court to expedite the disposal of the matter within four months on a day-to-day basis.

Issues: Withdrawal of the criminal revision case and the impact of the stay order on the trial progress.

Ratio Decidendi: The withdrawal of the case led to the dismissal of the criminal revision case, and the Court directed the Fast Track Court to expedite the disposal of the matter due to the stay order affecting the trial progress.

Final Decision: The criminal revision case was dismissed as withdrawn, and the Fast Track Court was directed to dispose of the matter within four months on a day-to-day basis.

Judgment :

At the hearing, the learned counsel for the revision petitioner made the following endorsement.

"may be permitted to withdraw."

2. In view of the above, this criminal revision case is dismissed as withdrawn. Consequently, connected miscellaneous petition is closed. However, it has been brought to my knowledge that because of the stay order passed by this Court, the trial is not progressing. Since the case has been withdrawn by the revision petitioner, the Fast Track Court, Dharmapuri, is directed to dispose of the matter within a period of four months from the date of receipt of copy of this order, on day-to-day basis.

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