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2009 (6) TMI 34 - MADRAS HIGH COURTWithdrawal of Prosecution proceedings – Magistrate dismissed the withdrawal petition – HC refused to agree with a view expressed by the learned counsel for the petitioner because here it is not an error committed by the Magistrate, but the Magistrate totally not dealt with the petition by exercising his discretion in the way contemplated as per law and as per the cited judgement. Once there is total non-exercise of discretion on the proper line by the Magistrate and that resulted in the dismissal of the petition, it is not for the revisional Court to consider for the first time the prayer in the petition and pass orders either by dismissing the petition or allowing the same. Matter remanded to decide the petition afresh in view of Apex Court’s Decision.
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