Madras High CourtCRL OP(MD)/20957/2025withdrawn dismissed

Hariharan v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Theppakulam

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.20957 of 2025 and Crl.M.P.(MD).Nos.17857 and 17859 of 2025 Hariharan ... Petitioner/Accused No.2 Vs.

1.State Rep. by, The Sub-Inspector of Police, Theppakulam Police Station, Madurai City.

(In Crime No.553 of 2021) ... 1st Respondent/Complainant 2.Mathuraiveeran, Sub-Inspector of Police, Theppakulam Police Station, Madurai City.

... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to C.C.No.1934 of 2024 on the file of Judicial Magistrate-1, Madurai in Crime No.553/2021, U/s. 279, 336, 294(b) of IPC and the corresponding offences under Section 281, 125, 296 of BNS and Section 179, 181(3), 207 of Motor Vehicles Act, 1988 and quash the same as illegal as against the petitioner/accused.

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For Petitioner : Mr.S.Sundarapandian 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.1934 of 2024 on the file of the learned Judicial Magistrate No.I, Madurai, which was filed for the offences under Section 279, 336, 294(b) of IPC, Section 179, 181(3) and 207 of Motor Vehicles Act, 1988.

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 personal appearance of the petitioner 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 In view of the above submission, this Criminal Original Petition is dismissed as withdrawn.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 2/4

a lawyer) unless his appearance is required by the learned Magistrate for the progress of the trial. Consequently, connected Crl.M.P.(MD).No.17857 of 2025 is closed.

25.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Judicial Magistrate Court No.I, Madurai.

2.The Sub-Inspector of Police, Theppakulam Police Station, Madurai City.

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.20957 of 2025 25.11.2025 4/4