Nithya v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.MP.Nos.677 & 678 of 2025 1.

Nithya 2.

Subramanian 3.

Kannambal

...Petitioners

Vs.

1.

State rep. by, The Inspector of Police, CCB Police Station, Salem City, Salem.

Crime No.10 of 2020.

2.

Sivasakthi

...Respondents

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to CC.No.1251 of 2023, pending on the file of the learned Judicial Magistrate No.III, Salem and quash the same against the petitioners. For Petitioners : Mr.M.Rajkumar For Respondents : Mr.S.Santhosh, GA (Crl. Side), for R1 1/4

O R D E R

When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the 1st respondent submitted that though the petitioners have come up with the present criminal original petition seeking to quash the proceedings in CC.No.1251 of 2023, pending on the file of the learned Judicial Magistrate No.III, Salem, charges have already been framed against the petitioners.

2. At this juncture, the learned counsel for the petitioners sought permission of this Court to withdraw this criminal original petition. An endorsement as regards withdrawal was also made by the learned counsel for the petitioners in this petition today. However, he sought indulgence of this Court to dispense with the personal appearance of the petitioners, who are the wife and parents respectively of the 1st accused, before the trial court.

3. In view of the above, this criminal original petition stands dismissed as withdrawn. However, acceding to the submission made by the learned counsel for the petitioners, the presence of the petitioners before the trial court is dispensed with, except for receipt of copies, answering the 2/4

charges, questioning under Section 313 of Cr.P.C. The petitioners shall be duly represented by their counsel before the trial court on all hearing dates. As far as the stay petition in Crl.MP.No.677 of 2025 is concerned, the same stands closed. Crl.MP.No.678 of 2025 which is filed for dispensing with personal appearance is ordered in the above terms. 22.01.2026 skt Index : Yes/No Speaking order : Yes/No : Yes/No To:

1.

The Judicial Magistrate No.III, Salem.

2.

The Inspector of Police, CCB Police Station, Salem City, Salem.

3.

The Public Prosecutor, High Court of Madras.

3/4

A.D.JAGADISH CHANDIRA , J.

skt and Crl.MP.Nos.677 & 678 of 2025 22.01.2026 4/4