Madras High CourtCRL OP(MD)/20944/2025withdrawn dismissed

Abdhulkathar v. State Of Tamilnadu Rep By Inspector Of Police, Pallathur

2025-11-25Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.20944 of 2025 and Crl.M.P.(MD).Nos.17827 and 17829 of 2025 1.Abdhulkathar 2.Kathar Ali 3.Sheik Abdhulkathar 4.Kamal Muhamadhu 5.Abdhul Jabar ... Petitioners/Accused No.1 to 5 Vs.

1.State of Tamil Nadu Rep. by, The Inspector of Police, Pallathur Police Station, Sivagangai District.

(Crime No.46 of 2019) ... 1st Respondent/Complainant 2.Abdhulrahman ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the entire records connected to the proceedings in C.C.No.1170 of 2022 on the file of the Learned Judicial Magistrate, Karaikudi and quash the same as illegal as against the petitioners.

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For Petitioners : Dr.R.Alagumani For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed to quash the impugned final report in C.C.No.1170 of 2022 on the file of the learned Judicial Magistrate, Karaikudi, which was filed for the offences under Section 143, 290, 296, 294(b), 506(2) of IPC and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

2. During the course of arguments, when this Court expressed that the points raised by the learned counsel for the petitioners are factual in nature, the learned counsel for the petitioners sought permission to withdraw this petition. However, the learned counsel would submit that the petitioners are aged persons; and that their appearance before the Trial Court may be dispensed with.

3. In view of the above submission, this Criminal Original Petition is dismissed as withdrawn. However, considering the age of the petitioners, the 2/4

personal appearance of the petitioners before the Trial Court is dispensed with on all hearing dates (provided they are represented by a lawyer) unless their appearance is required by the learned Magistrate for the progress of the trial. Consequently, connected Crl.M.P.(MD).No.17827 of 2025 is closed. 25.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate Court, Karaikudi.

2.The Inspector of Police, Pallathur Police Station, Sivagangai 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.20944 of 2025 25.11.2025 4/4