Madras High CourtCRL OP(MD)/8241/2025withdrawn dismissed

Malaisamy v. The State Of Tamil Nadu

2025-11-18Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.8241 of 2025 and Crl.M.P.(MD).Nos.6279 & 6281 of 2025 1.Malaisamy 2.Malaisamy 3.Ramasamy 4.Karuppaiah 5.Chinna Karuppan @ Chinna Karuppu 6.Irulayee 7.Ramu ... Petitioners/Accused Nos. 1 to 7 Vs.

1.The State of Tamil Nadu Rep. by, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

...1st Respondent / Complainant 2.Bhagavthi Raja, S/o. Bose, Village Administrative Officer, 10, Kalukerkadai Group, Thiruppuvanam Taluk, Sivagangai District.

... 2nd Respondent/ Defacto Complainant 1/4

Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records of the impugned Final Report dated 06.04.2023 in C.C.No.52 of 2024 on the file of the District Munsif cum Judicial Magistrate Court, Thiruppuvanam, Sivagangai for the offences punishable U/s. 147, 294(b), 353, 506(i) of IPC and quash the same as illegal. For Petitioners : Mr.M.Jerin Mathew For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed to quash the impugned final report in C.C.No.52 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Thiruppuvanam, Sivagangai, which was filed for the offences under Section 147, 294(b), 353, 506(i) of IPC.

2. During the course of arguments, when this Court expressed that the points raised by the learned counsel for the petitioners are factual in nature, the learned counsel for the petitioners sought permission to withdraw this petition. However, the learned counsel would submit that the petitioners are working as coolie; and that their appearance before the Trial Court may be dispensed with. 2/4

3. In view of the above submission, this Criminal Original Petition is dismissed as withdrawn. The personal appearance of the petitioners before the Trial Court is dispensed with on all hearing dates (provided they are represented by a lawyer) unless their appearance is required by the learned Magistrate for the progress of the trial. Consequently, connected Crl.M.P. (MD).No.6279 of 2025 is closed.

18.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The District Munsif cum Judicial Magistrate Court, Thiruppuvanam, Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.8241 of 2025 18.11.2025 4/4