Kishore v. State Of Tamilnadu, Rep By The Deputy Superintendent Of Police, Musiri,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) No.16992 of 2025 Kishore ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Deputy Superintendent of Police, Musiri, Trichy District.

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

(Crime No.273 of 2025) 3.Kavitha ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the entire records in Spl.S.C.No.33 of 2025 on the file of the learned Principal Additional Sessions Judge (PCR), Trichy and quash the same as illegal. For Petitioner : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor Page No. 1 of 4

O R D E R

When this Court expressed that the points raised by the petitioner, including the contention that the petitioner himself belongs to a Scheduled Caste community, and therefore, it is highly improbable that he abused the second respondent/defacto complainant by her caste name, 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 personal appearance of the petitioner before the trial Court may be dispensed with.

2. Recording the above, this Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to raise all contentions before the trial court. The personal appearance of the petitioner before the learned Principal Additional Sessions Judge (PCR), Trichy, in Spl.S.C.No. 33 of 2025 is dispensed with (provided he is represented by a lawyer), except when his personal appearance is required by the learned Principal Additional Sessions Judge (PCR), Trichy, for the progress of the trial. If the petitioner fails to comply with the directions of the learned Principal Page No. 2 of 4

Additional Sessions Judge (PCR), Trichy for appearance, the above liberty shall stand vacated without further reference to this Court. The connected Miscellaneous Petition is closed.

17.11.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Principal Additional Sessions Judge (PCR), Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

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

Page No. 3 of 4

SUNDER MOHAN , J.

JEN 17.11.2025 Page No. 4 of 4