Crl.O.P.No.24227 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.24227 of 2024 and Crl.M.P.No.13640 of 2024 Rooby @ Rooby Christy ... Petitioner Vs. The State Rep by The Inspector of Police, K4, Anna Nagar Police Station, Chennai. (Crime No.899 of 2009) ... Respondent Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside and call for the records order dated 21.08.2024 passed by the XX Additional District and Session Judge, City Civil Court, Allikulam in Crl.M.P.No.703 of 2024 in S.C.No.17 of 2023. For Petitioner : Mr.R.Chandrasudan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor ORDER This petition has been filed to set aside the order dated 21.08.2024 passed by the XX Additional District and Session Judge, City Civil Court, Allikulam in Crl.M.P.No.703 of 2024 in S.C.No.17 of 2023. https://www.mhc.tn.gov.in/judis Crl.O.P.No.24227 of 2024 2. It is seen from the impugned order that it is nothing but cut and paste order from the petition filed under Section 311 of Cr.P.C. Whereas the petitioner filed petition to discharge him from the entire charges. On this sole ground, the impugned order cannot be sustained and liable to be set aside. 3. Accordingly, the impugned order dated 21.08.2024 passed by the XX Additional District and Session Judge, City Civil Court, Allikulam in Crl.M.P.No.703 of 2024 in S.C.No.17 of 2023, is hereby set aside. The matter is remanded back for fresh trial. The trial Court is directed to pass fresh orders in Crl.M.P.No.703 of 2024 in S.C.No.17 of 2023, after hearing the parties, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 4. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 06.02.2025 Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No.24227 of 2024 To 1. The XX Additional District and Session Judge, City Civil Court, Allikulam. 2. The Section Officer, Criminal Section, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis Crl.O.P.No.24227 of 2024 G.K.ILANTHIRAIYAN, J. rts Crl.O.P.No.24227 of 2024 and Crl.M.P.No.13640 of 2024 06.02.2025 https://www.mhc.tn.gov.in/judis