Dismissed¶19

Senthil Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

Madras HC15 Sept 2025CRL OP(MD)/15253/2025

Case brief

AI extract

What is this about?

Quash petition dismissed as withdrawn - Section 528 BNSS / Section 482 Cr.P.C.; charge sheet C.C. No. 160 of 2025 dated 27.03.2025, Judicial Magistrate, Theni; Crime No. 44 of 2023, DCB Police Station, Theni District; dispensation of personal appearance of accused employed as staff nurse in Government Hospital; withdrawal endorsement by counsel J.Muhammad Akram; Additional Public Prosecutor R.M.Anbunithi for State; connected Crl.M.P(MD)Nos.12385 & 12387 of 2025 closed; Sunder Mohan, J.; Madurai Bench of Madras High Court; decided 15.09.2025.

What did the court decide?

Dispensation of the petitioner's personal appearance before the trial Court on all hearing dates, except when his presence is required by the learned Magistrate for the progress of the trial. ¶19

Senthil Kumar Vs State Of Tamilnadu Rep By Inspector Of Police, Dcb — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation of the petitioner's personal appearance before the trial Court on all hearing dates, except when his presence is required by the learned Magistrate for the progress of the trial.

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Issue for consideration

Whether the charge sheet in C.C. No. 160 of 2025 dated 27.03.2025 on the file of the Learned Judicial Magistrate, Theni (arising from Crime No. 44 of 2023, DCB Police Station, Theni District) should be quashed under Section 528 of BNSS/482 Cr.P.C. (not adjudicated, as the petition was withdrawn). +1 more

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Court's answer

In view of the endorsement made by the learned counsel for the petitioner, the Criminal Original Petition is dismissed as withdrawn.

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Ratio / Principle

The personal appearance of the petitioner before the trial Court is dispensed with on all hearing dates, except when his presence is required by the learned Magistrate for the progress of the trial.

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Key takeaways

Consequent upon the dismissal of the petition, the connected Miscellaneous Petitions (Crl.M.P(MD)Nos.12385 & 12387 of 2025) are closed.ratio¶19

Detailed headnote1 paragraphs

Criminal Original Petition (Crl.O.P(MD). No.15253 of 2025) filed under Section 528 of BNSS/482 Cr.P.C. by Senthil Kumar seeking quashing of the charge sheet in C.C. No. 160 of 2025 dated 27.03.2025 on the file of the Learned Judicial Magistrate, Theni, arising from Crime No. 44 of 2023, DCB Police Station, Theni District. At hearing, learned counsel for the petitioner made an endorsement seeking withdrawal of the petition and further requested dispensation of the petitioner's personal appearance before the trial Court on the ground that he is employed as a staff nurse in a Government Hospital. Held: (i) the Criminal Original Petition is dismissed as withdrawn in view of the endorsement; (ii) considering the request of counsel, the petitioner's personal appearance before the trial Court is dispensed with on all hearing dates, except when his presence is required by the learned Magistrate for the progress of the trial; and (iii) connected Miscellaneous Petitions are closed. The merits of the quashing prayer were not adjudicated. (Sunder Mohan, J.; 15.09.2025)

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CRL OP(MD). No.15253 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 15.09.2025

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CORAM

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

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Crl.O.P(MD). No.15253 of 2025 and Crl.M.P(MD)Nos.12385 & 12387 of 2025

Senthil Kumar,

... Petitioner

Vs.

State of Tamilnadu Rep by Inspector of Police, DCB Police Station, Theni District. (In Crime No. 44 of 2023).

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Eswaran, ... Respondents

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PRAYER :- Criminal Original Petition filed under Section 528 of BNSS/482 Cr.P.C., to call for the records pertaining to the impugned charge sheet in C.C. No. 160 of 2025 dt. 27.03.2025 on the file of the Learned Judicial Magistrate Theni and quash the same.

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For Petitioner : Mr.J.Muhammad Akram For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor for R1

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.15253 of 2025

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ORDER

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When the matter is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition and to that effect, he has made an endorsement in the bundle. Further, he sought for an order dispensing the petitioner's appearance before the trial Court, as the petitioner is employed as a staff nurse in a Government Hospital.

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In view of the endorsement made by the learned counsel for the petitioner, this Criminal Original Petition is dismissed as withdrawn. Considering the request of the learned counsel for the petitioner, the personal appearance of the petitioner before the trial Court is dispensed with on all hearing dates, except when his presence is required by the learned Magistrate for the progress of the trial. Consequently, connected Miscellaneous Petitions are closed.

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15.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes LS

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.15253 of 2025

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