Madras High CourtCRL OP(MD)/19336/2025withdrawn dismissed

Kavitha v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19336 of 2025 and Crl.M.P.(MD).Nos.16197 and 16199 of 2025 Kavitha ... Petitioner/1st Accused Vs.

1.The State of Tamilnadu, Rep. by the Inspector of Police, Murappanadu Police Station, Murappanadu, Thoothukudi District.

(Crime No.213 of 2024) ... 1st Respondent/Complainant 2.Samuthiram ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to quash the charge sheet in respect of the petitioner alone filed by the 1st respondent police in C.C.No.17 of 2025 on the file of the Judicial Magistrate Court No.1, Srivaikundam, Thoothukudi District. For Petitioner : Mr.N.Pragalathan For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed challenging the charge sheet in C.C.No.17 of 2025 on the file of the Judicial Magistrate Court No.1, 1/4

Srivaikundam, Thoothukudi District, which was filed for the offences under Sections 289 and 106(1) of BNS, 2023.

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. However, the learned counsel would submit that the petitioner is a lady; and that her appearance before the Trial Court may be dispensed with.

3. In view of the above submission, this Criminal Original Petition is dismissed as withdrawn. The personal appearance of the petitioner before the Trial Court is dispensed with on all hearing dates (provided she is represented by a lawyer) unless her appearance is required by the learned Magistrate for the progress of the trial. Consequently, connected Miscellaneous Petitions are closed.

05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 2/4

To 1.The Judicial Magistrate Court No.1, Srivaikundam, Thoothukudi District.

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

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.19336 of 2025 05.11.2025 4/4