Madras High CourtCRL OP(MD)/20959/2025withdrawn dismissed

Kanakaraj v. State Of Tamilnadu Rep By Inspector Of Police, Koodankulam

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.20959 of 2025 and Crl.M.P.(MD).Nos.17860 and 17862 of 2025 1.Kanakaraj 2.R.Babu ... Petitioners/Accused No.1 & 2 Vs.

1.State of Tamil Nadu Rep. by, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.183/2014) ... 1st Respondent/Complainant 2.Aanandhraj ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the case registered in charge sheet in C.C.No.76 of 2019 pending on the file of the District Munsif cum Judicial Magistrate Court, Rathapuram, Tirunelveli District and quash the same as illegal.

For Petitioners : Mr.G.Anto Prince 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 C.C.No.76 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Rathapuram, Tirunelveli District, which was filed for the offences under Section 447, 448, 294(b), 324, 506(2) of IPC.

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 appearance of the petitioners 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 In view of the above submission, this Criminal Original Petition is dismissed as withdrawn.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 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. It is also seen that the alleged occurrence took place in the year 2014; the case is pending from 2019 and still, there is no progress in the trial. Hence, the learned Magistrate shall dispose of 2/4

the case in C.C.No.76 of 2019 as expeditiously as possible and not later than three (3) months from the date of receipt of a copy of this order. If any accused is absconding, the learned Magistrate may split up the case against the petitioners and conclude the trial within the aforesaid time limit. Consequently, connected Crl.M.P.(MD).No.17860 of 2025 is closed. 25.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The District Munsif cum Judicial Magistrate Court, Rathapuram, Tirunelveli District.

2.The Inspector of Police, Koodankulam 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.20959 of 2025 25.11.2025 4/4