Madras High CourtCRL OP(MD)/156/2024withdrawn dismissed

Palsamy v. The Inspector Of Police

2025-09-01Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.107 & 108 of 2024 Palsamy ... Petitioner Vs.

1.The State rep. by The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.379 of 2022) 2.Kalimuthu Assistant Engineer, TNEB, Usilampatti, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, 1973/Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to the charge sheet in C.C.No.38 of 2023, on the file of the learned Judicial Magistrate No.I, Usilampatti and quash the same as far as this petitioner is concerned. For Petitioner : Mr.C.Senthil Murugan Page No. 1 of 4

For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

After the matter was argued for some time, the learned counsel for the petitioner submitted that since there are factual issues, the petitioner may be permitted to raise all grounds before the trial Court and sought leave of this Court to withdraw this petition. He also made an endorsement to that effect. He further prayed for dispensing with the petitioner's appearance before the trial Court, considering the age of the petitioner, who is 63 years.

2. In view of the aforesaid submission, this Criminal Original Petition is dismissed as withdrawn, with liberty to the petitioner to raise all contentions before the trial Court. The petitioner's appearance before the learned Judicial Magistrate is dispensed with on all hearing dates except when his presence is required for the progress of the trial. Consequently, the connected Miscellaneous Petitions stand closed. 01.09.2025 JEN Index: Yes/ No Page No. 2 of 4

Copy To:

1.The Judicial Magistrate No.I, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

Page No. 3 of 4

SUNDER MOHAN , J.

JEN and Crl.M.P.(MD) Nos.107 & 108 of 2024 01.09.2025 Page No. 4 of 4