Madras High Court
CRL OP(MD)/22810/2026 of Balakumar Vs Sowmiya on 9 October 2026
CRL OP(MD) No. 22810 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 22810 of 2026
and Crl.MP(MD) No.21741 of 2026
CNR:{HCMD011424102026}
Balakumar
S/o. Marimuthu,
Sowmiya Residency
Rasi Nagar 2nd Cross Street,
Chinnandankovil Road,
Karur - 639 001.
..Petitioner(s)
Vs
Sowmiya
D/o.Unnikrishnan,
W/o Balakumar,
Door No.1/25/9,
Alagendhra Nagar,
Cheran Nagar 1st Cross,
Vennairimalai Post,
Karur - 639 006.Karur
..Respondent(s)
PRAYER: C-45S. To call for the records pertaining to the order dated 03.09.2026 in Cr.M.P. No.236 of'2026 in, D.V.C.No.53 of 2025 on the file of the Learned Judicial Magistrate, Additional Mahila Court, Karur and set aside the same and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
K.NEETHIMOHAN
For Respondent(s):
A. CHANDRAKUMAR
FOR SOLE RESPT
CRL OP(MD) No. 22810 of 2026
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ORDER
The present petition has been filed by the first accused in DVC No.53 of 2025 on the file of Judicial Magistrate, Additional Mahila Court, Karur, seeking to set aside the order passed in Crl.M.P,No.236 of 2026, wherein the complainant had sought to recall herself for the purposes of marking a pen drive allegedly containing the filthy language used by the accused person and to mark an order passed in MC No.32 of 2022 on the file of Family Court, Karur.
2. According to the learned counsel appearing for the petitioner, the pen drive cannot be received by the trial Court without getting a certificate from the competent authority. He further submitted that the copy of the MC order, though available with the petitioner, has not been produced along with the proof affdiavit. Therefore the respondent is trying to fill up the lacuna.
3. The learned counsel appearing for the respondent submits that the pen drive will clearly reveal the filthy language used by the petitioner herein and that will be useful for her in the domestic violence complaint and however, the same was mistakenly not marked during the proof affidavit. He further submitted that the copy of the order in MC No.32 of 2022 was received only now and therefore, she wants to mark the said document.
CRL OP(MD) No. 22810 of 2026
4. Heard the learned counsels on either side and perused the materials available on record.
5. As could be seen from the impugned order, the respondent seeks the permission of the Court to mark the pen drive allegedly containing the filthy language used by the petitioner herein during the matrimonial dispute. As far as the marking of the digital evidence is concerned, unless the respondent gets a certificate from the competent authority, the same cannot be received by the Court. In such circumstances, the reception of a pen drive at this stage does not arise.
6. As far as marking of the order passed in MC No.32 of 2022 is concerned, the respondent can be permitted to do so.
7. In such view of the matter, the order passed in Crl.M.P.No.236 of 2026 is partly set aside rejecting the request to the respondent to mark the pen drive. In respect of marking of the order passed in M.C.No.32 of 2022 is concerned, the same stands confirmed. The petitioner shall be provided with an opportunity to cross-examine the respondent herein.
CRL OP(MD) No. 22810 of 2026
8. With the aforesaid observations, this Criminal Original Petition stands partly allowed. Consequently, connected miscellaneous petition is closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Judicial Magistrate, Additional Mahila Court, Karur
CRL OP(MD) No. 22810 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 22810 of 2026 09-10-2026