Madras High Court
N.Maragatham vs M/S.Vaithieswara Kraft Paper Mills on 29 October, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1/4 CRL OP No. 29223 of 2025
and Crl.O.P.29226 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
CRL OP No. 29223 of 2025
and Crl.O.P.No.29226 of 2025
and
connected miscellaneous petitions
1. N.Maragatham Petitioner in both Crl.O.Ps.
Vs
1. M/s.Vaithieswara Kraft Paper Mills
Private Limited,
Represented by its Sales Executive
Namely, T.Sathasivam,
S/o.K.Thangavel, 642/3,
Chennimalapalayam, Veeracholapuram
Post, Kangayam Taluk, Tiruppur
District.
Respondent in both
Crl.O.Ps.
PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023
to call for the records in S.T.C.No. 53/2018 and 11/2018 pending on the file of
Judicial Magistrate, Kangayam and quash the same and thus render justice.
For Petitioner: Mr.A.Ilayaperumal
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2/4 CRL OP No. 29223 of 2025
and Crl.O.P.29226 of 2025
COMMON ORDER
Learned counsel for the petitioner seeks permission of this court to
withdraw the above criminal original petitions with liberty to raise all the
grounds before the Trial Court. He would further submit that the petitioner
being a lady, her presence before the trial court may be dispensed with unless
her presence is required for the purpose of progress of trial.
2. Learned counsel for the petitioner would further submit that the
petitioner is also ready to file an affidavit of undertaking that she will be duly
represented by a counsel before the Trial Court on all hearing dates and she will
be present before the Trial Court for receipt of copies, answering the charges,
questioning under Section 313 Cr.P.C., passing of judgment and for any other
purpose, as may be required by the Trial Court for the purpose of progress of
trial.
3. This Court is of the view that all the grounds raised in the quash
petitions can be raised before the Trial Court and there is no merit in the quash
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and Crl.O.P.29226 of 2025
petitions.
4. However, accepting the submission made by the learned counsel for the
petitioner, the presence of the petitioner before the Trial Court is dispensed with.
She is directed to give an undertaking in the form of affidavit as submitted by
the learned counsel for the petitioner at paragraph 2, supra. If the petitioner
adopts any dilatory tactics, it is open to the Trial Court to insist for her
appearance and deal with her in accordance with the judgment of the Supreme
Court of India in State of Uttar Pradesh Vs. Shambunath Singh, reported in
2001 (4) SCC 667.
5. Accordingly, these Criminal Original Petitions are dismissed as
withdrawn on the above terms. Consequently, connected Miscellaneous
Petitions are closed.
29.10.2025
nvsri
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2025 07:27:15 pm )
and Crl.O.P.29226 of 2025
A.D.JAGADISH CHANDIRA, J.
nvsri
and
29.10.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2025 07:27:15 pm )
