Kanagarasu @ Kanaga Raj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) No.15693 & 15695 of 2025 Kanagarasu @ Kanaga Raj ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Inspector of Police, Thottiyam Police Station, Trichy District.

(Crime No.155 of 2022) 2.Arujunan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records relating to the final report in C.C.No.55 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Thottiyam and quash the same as illegal. For Petitioner : Mr.V.Vishnu For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor ***** Page No. 1 of 4

O R D E R

When this Court expressed that the points raised by the petitioner are factual in nature and cannot be adjudicated in this quash petition, the learned counsel for the petitioner sought permission of this Court to withdraw this Criminal Original Petition. He also made an endorsement to that effect. He, however, submitted that the petitioner is aged about 70 years, and hence, his personal appearance before the trial Court may be dispensed with, and sought for a direction to the learned District Munsifcum-Judicial Magistrate, Thottiyam, to dispose of the case as expeditiously as possible.

2. Recording the above, this Criminal Original Petition is dismissed as withdrawn. However, since the petitioner is aged about 70 years, his personal appearance before the learned District Munsif-cum-Judicial Magistrate, Thottiyam, in C.C. No.55 of 2024 is dispensed with (providing representation through a lawyer), except when his personal appearance is required by the learned District Munsif-cum-Judicial Magistrate, Thottiyam, for the progress of the trial. If the petitioner fails to comply with the directions of the learned District Munsif-cum-Judicial Magistrate, Thottiyam, the above liberty shall stand vacated without Page No. 2 of 4

further reference to this Court. The learned District Munsif-cum-Judicial Magistrate, Thottiyam, may consider expeditious disposal of the trial, considering the age of the petitioner. The connected Miscellaneous Petitions are closed.

03.11.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The District Munsif cum Judicial Magistrate, Thottiyam, Trichy District.

2.The Inspector of Police, Thottiyam Police Station, Trichy District.

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

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SUNDER MOHAN , J.

JEN 03.11.2025 Page No. 4 of 4