Madras High Court
CRL OP/30457/2026 of Manobalan @ Balamurugan Vs The State Rep. by, The Deputy Superintendent of Po on 16 October 2026
CRL OP No. 30457 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30457 of 2026
CNR:{HCMA012019712026}
1. Manobalan @ Balamurugan
2. Dhinesh @ Dhineswar
3. Ramachandran
4. Raththish
5. Rajkumar
6. Ravichandran
7. Thiyagarajan
..Petitioners
Vs
The State Rep. by,
The Deputy Superintendent of Police
Muthupettai Sub Division,
Muthupettai Police Station,
Thiruvarur District.
Crime No.2310 of 2020.
..Respondent
Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the docket order passed in Crl.MP.No.72 of 2026 in S.S.C.No.69 of 2025 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Thiruvarur dated 23.07.2026 and permit the Petitioners to cross examine the PW2 and thus render justice.
For Petitioners:
Mr.M.Rajkumar
For Respondent:
Mr.R.Ganesh Kumar
Additional Public Prosecutor
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CRL OP No. 30457 of 2026
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ORDER
This Criminal Original Petition has been filed challenging the docket order dated 23.07.2026 passed in Crl.M.P.No.72 of 2026 in S.S.C.No.69 of 2025 on the file of the Special Court for Trial of Cases under SC/ST(POA) Act, Thiruvarur, thereby dismissing the petition filed to recall P.Ws. 1 and 2 on the ground that the petitioner failed to pay the costs imposed by the Trial Court.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioners are arrayed as A1 to A7 and are facing trial for the offences under Sections 294(b), 323, 324, 427, 506(ii) of IPC read with 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act. The prosecution had examined P.Ws. 1 and 2. However, the accused/petitioners failed to cross examine them and subsequently filed a petition to recall them for further cross examination. The said petition was allowed by the Trial Court on condition that the petitioners shall pay a sum of Rs.1,000/- each to P.Ws. 1 and 2 as cost within a period of three days. However, the petitioner failed to pay the cost and as such, the petition was dismissed. Now, the learned counsel for the petitioners submitted that the petitioners are ready and willing to pay the costs imposed by the Trial Court.
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CRL OP No. 30457 of 2026
4. Considering the facts and circumstances of the case and in order to give one more opportunity to the petitioners to cross examine P.Ws.1 and 2 and put forth their defence, this Court is inclined to set aside the docket order passed by the Trial Court.
5. Accordingly, the docket order dated 23.07.2026 passed in Crl.M.P.No.72 of 2026 in S.S.C.No.69 of 2025 on the file of the Special Court for Trial of Cases under SC/ST(POA) Act, Thiruvarur, is hereby set aside and the petitioners are permitted to cross examine P.Ws.1 & 2 on the date fixed by the trial Court, on payment of cost of Rs.1,000/- each to the witnesses. If the petitioners failed to cross-examine P.Ws.1 & 2 on that date, the Trial Court is directed to proceed with trial in accordance with law.
6. In the result, this Criminal Original Petition stands allowed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP Note : Issue order copy today
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CRL OP No. 30457 of 2026
To
1. The Special Court for Trial of Cases under SC/ST (POA) Act, Thiruvarur.
2. The Deputy Superintendent of Police Muthupettai Sub Division, Muthupettai Police Station, Thiruvarur District.
3. The Public Prosecutor, High Court, Madras.
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CRL OP No. 30457 of 2026
G.K.ILANTHIRAIYAN J. LPP CRL OP No. 30457 of 2026 16-10-2026
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