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Madras High CourtCRL OP/30557/2025disposed of

Parthasarathy v. The State Rep. By,

2025-11-11Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Parthasarathy

2. Jayanthi ... Petitioners Vs.

1. The State Rep. By The Station House Officer All Women Police Station Villianur, Puducherry - 605 110

2. Priyanga ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the entire records pertaining to the impugned charge sheet in C.C.No.804 of 2023, in Crime No.05 of 2023 on the file of the learned Judicial Magistrate Mahila Court, Puducherry insofar as the petitioners (Accused 2 and 3) are concerned and quash the same as illegal. For Petitioner : Mr.H.Eshwar For Respondent : Mr.K.S.Mohandoss Public Prosecutor (Puducherry) for R1 1/4

O R D E R

This Criminal Original Petition has been filed to quash to charge sheet in C.C.No.804 of 2023, in Crime No.05 of 2023 on the file of the learned Judicial Magistrate Mahila Court, Puducherry insofar as the petitioners (A2 and A3) are concerned.

2. When the matter was taken up for hearing today, the learned Government Advocate (Crl. Side) appearing for the first respondent police would submit that the trial has already commenced and L.Ws.1 and 3 have been examined as P.W.1 and P.W.2.

3. Since the trial has already commenced, this Court is not inclined to interfere with the trial proceedings.

4. At this juncture, the learned counsel for the petitioners would submit that the petitioners are respectively the father-in-law and mother-inlaw of the de facto complainant and they are aged persons and hence, their presence before the trial Court may be dispensed with.

5. Considering the submissions of the learned counsel for the petitioners, the personal appearance of the petitioners before the trial Court is dispensed with except for receipt of copies, answering the charges, questioning under section 313 Cr.P.C./Section 351 of BNSS, on the date of 2/4

pronouncing judgment and also on any other dates as may be required by the trial Court. The petitioners shall file an affidavit before the trial Court that they will be duly represented by a counsel on all hearing dates and will cooperate for the speedy disposal of the case.

6. With the above directions, this Criminal Original Petition is dismissed.

11.11.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Judicial Magistrate Mahila Court, Puducherry

2. The Station House Officer All Women Police Station Villianur, Puducherry - 605 110

3. The Public Prosecutor (Puducherry) High Court of Madras 3/4

A.D.JAGADISH CHANDIRA J.

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