Case Note & Summary
The petitioner, Tamilarasan, filed a Criminal Original Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Madras High Court seeking to quash the proceedings in SC No. 356 of 2025 pending before the Principal District and Sessions Judge, Tiruppur. The case arose from Crime No. 717 of 2025 registered by the Tiruppur North Police Station. When the matter was taken up for hearing on 23-01-2026, the petitioner's counsel sought permission to withdraw the petition and made an endorsement to that effect. Additionally, the counsel requested that the petitioner's personal appearance before the trial court be dispensed with. The court, presided over by Justice A.D. Jagadish Chandira, allowed the withdrawal and dismissed the petition as withdrawn. However, the court granted the request to dispense with the petitioner's personal appearance before the trial court, subject to exceptions: the petitioner must appear for receipt of copies, answering charges, questioning under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), passing of judgment, or any other date as required by the trial court. The petitioner was directed to be duly represented by counsel on other occasions. The connected miscellaneous petition was closed. The judgment is brief and does not delve into the merits of the case.
Headnote
A) Criminal Procedure - Withdrawal of Petition - Quash Petition - Petitioner sought to withdraw the quash petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Court permitted withdrawal and dismissed the petition as withdrawn - Held that withdrawal is permissible upon request of counsel (Para 1-2). B) Criminal Procedure - Dispensing with Personal Appearance - Trial Court - Petitioner sought dispensation of personal appearance before trial court - Court allowed dispensation except for receipt of copies, answering charges, questioning under Section 313 CrPC, passing of judgment, or as required by trial court - Held that personal appearance can be dispensed with subject to exceptions (Para 2).
Issue of Consideration
Whether the quash petition should be allowed and whether the petitioner's personal appearance before the trial court can be dispensed with.
Final Decision
The Criminal Original Petition is dismissed as withdrawn. The personal appearance of the petitioner before the trial court is dispensed with, except for receipt of copies, answering charges, questioning under Section 313 CrPC, passing of judgment, or any other date as required by the trial court. The petitioner shall be duly represented by his counsel. The connected miscellaneous petition is closed.
Law Points
- Withdrawal of petition
- Dispensing with personal appearance
- Section 528 BNSS
- Section 313 CrPC
