Madras High CourtCRL OP(MD)/19428/2025withdrawn dismissed

Jawahar Rajan v. The State Of Tamilnadu

2025-11-10Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19428 of 2025 and Crl.M.P.(MD)Nos.16261 and 16262 of 2025 Jawahar Rajan ... Petitioner/Accused No.3 Vs.

1.State through, The Inspector of Police, DCB- Madurai, Madurai District.

(In Crime No.26 of 2021) ...1st Respondent/Complainant 2.S.Balamurugan ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, pleased to call for the records in C.C.No.1730 of 2022 on the file of Judicial Magistrate Court No.I, Madurai and quash the same as illegal in so far as the petitioner is concerned.

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For Petitioner : M/s.S.Meena For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the impugned final report in C.C.No. 1730 of 2022 on the file of Judicial Magistrate Court No.I, Madurai, which was filed for the offences under Section 120(B), 294(b), 406 and 420 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. However, the learned counsel would submit that the petitioner is aged about 58 years; and that his 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 In view of the above submission, this Criminal Original Petition is dismissed as withdrawn.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 he is represented by a lawyer) unless his appearance is required by the learned Magistrate for the progress of the trial. Since the case is pending from 2022, the learned 2/4

Magistrate may consider expeditious disposal of the case. Consequently, connected Crl.M.P.(MD).No.16261 of 2025 is closed. 10.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate Court No.I, Madurai.

2.The Inspector of Police, DCB- Madurai, Madurai 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.19428 of 2025 10.11.2025 4/4