Madras High CourtCRL OP(MD)/20623/2025withdrawn dismissed

H.Mubarak Ali v. The State Of Tamilnadu, Represented By The Inspector Of Police,

2025-11-24Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.20623 of 2025 and Crl.M.P.(MD).Nos.17476 and 17477 of 2025 H.Mubarak Ali ... Petitioner/Accused No.1 Vs.

State represented by, The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

(Crime No.59 of 2023) ... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned charge sheet laid in C.C.No.402 of 2025 on the file of the Judicial Magistrate Court No.V, Tirunelveli and quash the same insofar as the petitioner/1st accused is concerned. For Petitioner : Mr.M.Mohammed Parvesh For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed to quash the impugned final report in C.C.No.402 of 2025 on the file of the learned Judicial Magistrate 1/4

No.V, Tirunelveli, which was filed for the offences under Section 419, 465, 120B of IPC, Section 12(1)(a) and 12(1)(e) of Passport Act, 1967.

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 54 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 In view of the above submission, this Criminal Original Petition is dismissed as withdrawn.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. Consequently, connected Crl.M.P.(MD).No.17476 of 2025 is closed.

24.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To 1.The Judicial Magistrate Court No.V, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli 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.20623 of 2025 24.11.2025 4/4