Madras High Court
CRL OP/29563/2026 of Varun Kumar @ Kannan Vs Premavathi on 13 October 2026
CRL OP No. 29563 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29563 of 2026
and Crl.M.P.No.19709 of 2026
CNR: {HCMA012337932026}
1. Varun Kumar @ Kannan
S/o Janarthanan,
No.129, Then Mada Street,
Kadambadi Post and Village,
Mamallapuram Taluk,
Chengapattu District.
2. Suguna Bhai
W/o Janarthanan,
No.129, Then Mada Street,
Kadambadi Post and Village,
Mamallapuram Taluk,
Chengapattu District.
3. Janarthanan
S/o Maya Krishna,
No.129, Then Mada Street,
Kadambadi Post and Village,
Mamallapuram Taluk,
Chengapattu District.
4. Harirajan
S/o Janarthanan,
No.129, Then Mada Street,
Kadambadi Post and Village,
Mamallapuram Taluk,
Chengapattu District.
5. Mathiyarasi
D/o Janarthanan,
No.129, Then Mada Street,
Kadambadi Post and Village,
Mamallapuram Taluk,
Chengapattu District.
CRL OP No. 29563 of 2026
..Petitioner(s)
Vs
Premavathi
D/o C.Krishnamoorthy,
Plot No.10, Jayalakshmi Nagar,
1st Street,
Santhospuram,
Chennai.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS to set aside the order dated 24.04.2026 passed in Crl.M.P.No.930 of 2026 in D.V.C.No.7 of 2024 by the Learned Judicial Magistrate No.II, Tambaram and pass such other or suitable order as this Honourable court may deem fit and proper.
For Petitioner(s)
:
Mr.A.Gopinath
For Respondent(s):
Mr.R.Ganesh Kumar, Additional Public Prosecutor
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Original Petition has been filed challenging the order dated 24.04.2026 passed in Crl.M.P.No.930 of 2026 in D.V.C.No.7 of 2024 passed by the Learned Judicial Magistrate No.II, Tambaram, thereby dismissing the petition filed under Section 348 of the Bharatiya Nyaya Sanhita, 2023, seeking to cross examine P.W.1.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
CRL OP No. 29563 of 2026
3. The petitioners are the respondent in the complaint lodged by the respondents herein in DVC proceedings. During the trial, the wife was examined as PW.1 and she was partly cross examined by the respondents. Therefore, the petitioner herein filed a petition in Crl.M.P.No.2648 of 2025 and the same was allowed with costs of Rs.5,000/-. However, the petitioner has paid only Rs.2,000/-. Therefore, they was not permitted to cross examine P.W.1. Thereafter, the petitioners have filed Crl.M.P.No.930 of 2026 in D.V.C.No.7 of 2024 before the Learned Judicial Magistrate No.II, Tambaram seeking to cross examine P.W.1 and the same was dismissed on 24.04.2026, which has given rise to this petition.
4. The learned counsel for the petitioner submits that now they are ready and willing to comply with the condition and pay the remaining amount. Hence, prays to allow this petition.
5. In view of the above facts and in order to give one more opportunity to the petitioner to cross examine P.w.1, this Court is inclined to set aside the order passed by the Trial Court. Accordingly, the order dated 24.04.2026 passed in Crl.M.P.No.930 of 2026 in D.V.C.No.7 of 2024 by the Learned Judicial Magistrate No.II, Tambaram dated 24.04.2026 is hereby set aside. The petitioners are directed to pay the balance amount of Rs.3,000/- to the
CRL OP No. 29563 of 2026
respondent. If the petitioner/accused fails to pay the amount and failed to cross examine P.W.1 on or before 16.10.2026, the Trial Court is directed to proceed with the trial, in accordance with law.
6. In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN Note: The Registry is directed to issue order copy on 14.10.2026 To. Judicial Magistrate No.II, Tambaram
CRL OP No. 29563 of 2026
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 29563 of 2026 and Crl.M.P.No.19709 of 2026 13-10-2026