Case Note & Summary
The petitioner, H. Haroon Basha, filed a Criminal Revision Case under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before the Madras High Court, challenging an order dated 23.10.2025 passed by the learned IV Additional District Judge, Thiruvallur @ Ponneri in Crl.M.P.No.34 of 2025 in S.C.No.5 of 2025. The petitioner sought to set aside that order and to be discharged in the sessions case arising from Crime No.188 of 2010 registered at E-5 Sholavaram Police Station, Tiruvallur District. However, when the matter was taken up for hearing, the counsel for the petitioner sought permission to withdraw the petition and made an endorsement to that effect in the case bundle. The court recorded the submission and endorsement and dismissed the Criminal Revision Case as withdrawn. Consequently, the connected miscellaneous petition was closed. No adjudication on the merits of the discharge application was made.
Headnote
A) Criminal Procedure - Withdrawal of Petition - Dismissal as Withdrawn - Sections 438, 442 BNSS - Petitioner sought discharge in a sessions case but later sought permission to withdraw the revision petition - Court recorded the submission and endorsement and dismissed the revision as withdrawn - Held that no adjudication on merits was made (Paras 1-2).
Issue of Consideration
Whether the petitioner should be discharged in S.C.No.5 of 2025 pending before the IV Additional District Judge, Thiruvallur @ Ponneri.
Final Decision
The Criminal Revision Case is dismissed as withdrawn. Connected miscellaneous petition stands closed.
Law Points
- Withdrawal of petition
- Dismissal as withdrawn
- No merits adjudicated
Case Details
Crl.R.C.No.2357 of 2025 and Crl.M.P.No.21299 of 2025
Mr. M. Mohammad Paarvez (for petitioner), Mr. R. Kishore Kumar, Government Advocate (Crl.Side) (for respondent)
The State Represented by Inspector of Police, E-5 Sholavaram Police Station, Tiruvallur District
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Nature of Litigation
Criminal Revision Case challenging an order refusing discharge in a sessions case.
Remedy Sought
Petitioner sought to set aside the order in Crl.M.P.No.34 of 2025 in S.C.No.5 of 2025 and to be discharged.
Filing Reason
Petitioner was aggrieved by the order of the IV Additional District Judge, Thiruvallur @ Ponneri dated 23.10.2025 in Crl.M.P.No.34 of 2025 in S.C.No.5 of 2025.
Previous Decisions
The trial court had passed an order in Crl.M.P.No.34 of 2025 in S.C.No.5 of 2025 on 23.10.2025, which was challenged in this revision.
Issues
Whether the petitioner is entitled to discharge in S.C.No.5 of 2025.
Submissions/Arguments
Petitioner's counsel sought permission to withdraw the petition and made an endorsement to that effect.
Ratio Decidendi
When a petitioner seeks withdrawal of a revision petition and makes an endorsement, the court may dismiss the petition as withdrawn without adjudicating on merits.
Judgment Excerpts
When the matter is taken up for hearing, the learned counsel for the petitioner sought permission of this court to withdraw this petition and he has also made an endorsement to that effect in the case bundle.
Recording the submission and endorsement made by the learned counsel for the petitioner, this Criminal Revision Case is dismissed as withdrawn.
Procedural History
The petitioner filed Crl.M.P.No.34 of 2025 before the IV Additional District Judge, Thiruvallur @ Ponneri seeking discharge in S.C.No.5 of 2025. The trial court passed an order on 23.10.2025. Aggrieved, the petitioner filed Crl.R.C.No.2357 of 2025 before the Madras High Court under Sections 438 and 442 of BNSS. At hearing, the petitioner sought withdrawal, and the revision was dismissed as withdrawn on 25.03.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita (BNSS): 438, 442
