Madras High CourtCRL OP/25135/2025withdrawn dismissed

Sam Alias Samrat v. State Represented By

2025-09-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 25135 of 2025 and Crl.M.P.No.17020 of 2025 Sam Alias Samrat Petitioner(s) Vs State Represented by The Inspector of Police, Hosur Town Police Station.

Cr.No.798 of 2015 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to eschew the evidence of PW2 dated 08.01.2024, which emanates after the Court question put by the Learned Trial Judge in S.C.NO.134 of 2019, pending before the Additional District and Sessions Judge, Hosur and to further direct the trial Court to conduct the trial in a manner known to law. For Petitioner(s):

Mr.Naveen Kumar Murthy for Mr.S.Sidhartha Vishnu For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl.Side) 1/4

ORDER

When this Court was about to dismiss this criminal original petition, the learned counsel appearing for the petitioner sought permission of this Court to withdraw this petition with liberty to raise all the points urged in this petition before the trial Court and he has also made an endorsement to that effect in this petition.

2. The petitioner seeks to eschew the evidence of PW2 dated 08.01.2024, which emanates after the question put forth by the learned Trial Judge in S.C.NO.134 of 2019, pending before the Additional District and Sessions Judge, Hosur. The petitioner has an opportunity to cross-examine the witness to test the veracity of the evidence. It is for the petitioner to establish the case during the cross-examination.

3. In view of the submission and endorsement made by the learned counsel for the petitioner, this criminal original petition is dismissed as withdrawn. Consequently, connected miscellaneous petition is closed. 12-09-2025 Mfa Index: Yes/No Internet: Yes/No Speaking/Non speaking order 2/4

To 1.The Inspector of Police Hosur Town Police Station.

2. The Public Prosecutor, High Court, Chennai.

3/4

N.SATHISH KUMAR J.

mfa and Crl.M.P.No.17020 of 2025 12-09-2025 4/4