Madras High CourtCRL OP(MD)/19990/2025withdrawn dismissed

Mathan @ Mathan Kalidoss @ Kavin Sandron v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-11-17Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19990 of 2025 and Crl.M.P.(MD).Nos.16859 and 16861 of 2025 Mathan @ Mathan Kalidoss @ Kavin Sandron ... Petitioner/Accused No.10 Vs.

1.The State of Tamil Nadu, Rep. by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(In Crime No.467 of 2014) ... 1st Respondent/Complainant 2.Periyadurai @ Rajavarman ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the proceedings in S.C.No.127 of 2019 on the file of III Additional District and Session Court, Pattukottai, Thanjavur District and quash the same.

For Petitioner : Mr.R.Balamuruganantham For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed to quash the impugned final report in S.C.No.127 of 2019 on the file of learned III Additional District and Session Judge, Pattukottai, Thanjavur District, which was filed for the offences under Section 147, 148, 341, 352, 302 and 149 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 and this Court cannot sift and weigh the evidence at this stage, the learned counsel for the petitioner sought permission to withdraw this petition. However, the learned counsel would submit that the petitioner is residing in Chennai 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 In view of the above submission, this Criminal Original Petition is dismissed as withdrawn.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 Sessions Judge for the progress of the trial. If the petitioner fails to appear on the directions of the learned Sessions Judge or if the counsel engaged by the petitioner fails to 2/4

appear before the Court below, the order passed by this Court would lose its efficacy and it will be open to the learned Sessions Judge to pass appropriate orders. Consequently, connected Crl.M.P.(MD).No.16859 of 2025 is closed. 17.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The III Additional District and Session Court, Pattukottai, Thanjavur District.

2.The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.19990 of 2025 17.11.2025 4/4