Madras High CourtCRL OP(MD)/16950/2025withdrawn dismissed

Dinesh Kumar v. The State Of Tamil Nadu

2025-10-13Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16950 of 2025 and Crl.M.P.(MD).Nos.13791 & 13795 of 2025 Dinesh Kumar (Mistakenly mentioned as "Dinesh" instead of "Dinesh Kumar" in final report) ... Petitioner/Accused No.2 Vs.

1.The State of Tamil Nadu represented by, The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

(Crime No.41/2024) ... Respondent No.1/Complainant 2.Udhayakumar ... Respondent No.2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the entire records pertaining to the impugned charge sheet filed in C.C.No.101 of 2024 on the file of the learned Judicial Magistrate Court, Sathankulam, Thoothukudi District and quash the same as against the petitioner is concerned.

For Petitioner : Mr.R.Karunanidhi For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed challenging the impugned final report in C.C.No.101 of 2024 on the file of the learned Judicial Magistrate Court, Sathankulam, Thoothukudi District, which was filed for the offences under Section 147, 341, 294(b), 323, 324 and 506(2) of IPC.

2. During the course of arguments, when this Court expressed that the points raised by the learned counsel for the petitioner are factual in nature, the learned counsel for the petitioner sought permission to withdraw this petition with liberty to raise all his defences before the Trial Court. However, the learned counsel would submit that the petitioner has now been selected to a Government job and due to the pendency of the case, there is a possibility of him not being appointed; and that the Trial Court may be directed to dispose of the case as expeditiously as possible. He would also submit that there is overwhelming evidence to show that the petitioner was not present at the scene of crime and that there are also CCTV footages to establish the same.

3. The learned Additional Public Prosecutor would submit that the case is now listed for trial on 30.10.2025 and the prosecution has cited eight witnesses. 2/4

4. In view of the above submission, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to raise all his defence before the Trial Court. However, considering the request made by the learned counsel for the petitioner, the learned Judicial Magistrate may consider expeditious disposal of the case in C.C.No.101 of 2024 and since there are only 8 witnesses, the learned Magistrate may conclude the trial within a period of six

(6) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate Court, Sathankulam, Thoothukudi District.

2.The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.16950 of 2025 13.10.2025 4/4