Madras High Court
CRL OP(MD)/23885/2026 of Syed Bilal @ Syed Mustafa Vs State Of Tamilnadu Rep By In on 16 October 2026
CRL OP(MD) No. 23885 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23885 of 2026
CNR:{HCMD011448262026}
AND
CRL MP(MD) NO. 22432 OF 2026
Syed Bilal @ Syed Mustafa
S/o. Abdul Rahman,
East 6th Street,
Pudukkottai.
..Petitioner(s)
Vs
State Of Tamilnadu Rep By Inspector Of Police, Awps-Pudukottai Crime No.8/2024.
..Respondent(s)
PRAYER: This petition filed under section 528 of BNSS to call for the records and SET ASIDE the order dated 16.09.2026 passed in CrI.M.P.No. 2 of 2026 in SPL.SC.No. 55 of 2024 by the Sessions Judge, Mahila Court, Pudukkottai For Petitioner(s):
Mr.Ramnath B
For Respondent(s):
M/s. B. Arun, Government Advocate
(crl. Side)
CRL OP(MD) No. 23885 of 2026
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ORDER
The present petition has been filed by the sole accused in Spl.SC.No.55 of 2024 on the file of Sessions Judge, Mahila Court, Pudukkottai, seeking to set aside the order passed in Crl.M.P.No. 2 of 2026, wherein the request of the petitioner to recall PW1 to PW4 for the purpose of cross examination has been rejected.
2. Perusal of the records reveal that the petitioner is facing charges under sections 7 and 8 of POCSO Act, Sections 351(2) and 127 of BNS, 2023.
3. PW1/ mother, PW2/victim and PW3 and PW4 were chief examined on 17.07.2025. The petitioner has already cross examined PW1 and PW2. However, he has not chosen to cross examine PW3 and PW4. The present application has been filed on 22.06.2026 and the same has been dismissed. Challenging the same, the present petition has been filed.
4. According to the learned counsel appearing for the petitioner, PW1 and PW2 have to be recalled for conducting further cross examination. He further submitted that PW3 and PW4 have not been cross examined at all. According to him, the petitioner is facing serious
CRL OP(MD) No. 23885 of 2026 charges and therefore, one opportunity may be granted to the petitioner for cross examination of PW1 to PW 4.
5. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
6. As could be seen from the records, PW1 and PW2 have already been cross-examined by the petitioner. In such circumstances, the request to the petitioner to recall PW1 and PW2 for conducting further cross-examination is not sustainable in the eye of law. As far as PW3 and PW4 are concerned, one of them is the Mahazar witness and the other one is the Headmaster of the school, in which, the petitioner was working. They have not been cross examined by the petitioner. Therefore, in the interest of justice, this Court is of the considered opinion that the petitioner would be permitted to recall PW3 and PW4 alone.
7. In such view of the matter, this Court is inclined to pass the following order: • The impugned order in Crl.M.P. No. 2 of 2026 in Spl.S.C. No.55 of 2024, dated 16.09.2026 passed by the learned Sessions Judge,
CRL OP(MD) No. 23885 of 2026 Mahila Court, Pudukkottai is set aside so far as the Court has not permitted that the petitioner to recall PW3 and PW4 is concerned; • the petitioner shall pay batta within a period of three days from the date of receipt of copy of this order; • the petitioner is directed to cross examine PW3 and PW4 on the date on which they appears;
a) the petitioner shall not be granted any further opportunity for cross examination of PW3 and PW4.
8. In the above terms, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 16-10-2026 PNM To
1. The Sessions Judge, Mahila Court, Pudukkottai
2. The Inspector Of Police, AWPS-Pudukottai
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 23885 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 23885 of 2026 AND CRL MP(MD) NO. 22432 OF 2026 16-10-2026