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Madras High CourtCRL OP(MD)/20081/2025withdrawn dismissed

Sivakumar, v. The State Of Tamilnadu Rep.By

2025-11-17Honourable Mr Justice Sunder Mohan4 pages

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) Nos.16967 & 16968 of 2025 1.Sivakumar 2.Pandiyammal ... Petitioners Vs.

1.The State of Tamil Nadu rep. by The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.447 of 2024) 2.Ganesan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records relating to the impugned final report in C.C.No.119 of 2025 on the file of the Additional Mahila Court, Sivagangai and quash the same as illegal as against the petitioners.

For Petitioners : Dr.R.Alagumani Page No. 1 of 4

For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor *****

O R D E R

When this Court expressed that the points raised by the petitioners are factual in nature and cannot be adjudicated in this quash petition, the learned counsel for the petitioners sought permission of this Court to withdraw the Criminal Original Petition. He also made an endorsement to that effect. He, however, submitted that the personal appearance of the petitioners before the trial Court may be dispensed with.

2. Recording the above, this Criminal Original Petition is dismissed as withdrawn. However, since the second petitioner is a lady, her personal appearance before the Additional Mahila Court, Sivagangai, in C.C.No. 119 of 2025 is dispensed with (provided he is represented by a lawyer), except when her personal appearance is required by the learned Judge, Additional Mahila Court, Sivagangai, for the progress of the trial. If the second petitioner fails to comply with the directions of the learned Judge, Additional Mahila Court, Sivagangai for appearance, the above liberty Page No. 2 of 4

shall stand vacated without further reference to this Court. The connected Miscellaneous Petitions are closed.

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

1.The Judge, Additional Mahila Court, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

Page No. 3 of 4

SUNDER MOHAN , J.

JEN/ars 17.11.2025 Page No. 4 of 4