CRL OP(MD)/24853/2026 of Peter @ Antony Peter Vs State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi on 30 October 2026

ORDER

The present petition has been filed by A2 in S.C.No.62 of 2020 on the file of the learned Sessions Judge, Special Court For Trial of Cases Under SC & ST (POA) Act, Thoothukudi, seeking to set aside the order passed in Crl.M.P.No.242 of 2026, wherein the trial Court has permitted the prosecution to examine the additional witness, namely, one T.Muthulakshmi, who is the Biological Examiner, who had issued a Certificate.

2. According to the learned counsel appearing for the petitioner, several applications have been filed by the prosecution and the case is being dragged out that they are trying to fill up the lacuna in the prosecution. He further submitted that another application was filed by

CRL OP(MD) No. 24853 of 2026 the prosecution in Crl.M.P.No.259 of 2026 to cross examine the witness the said application and the same was allowed and has been put to challenge by the petitioner in Crl.A(MD) No.1279 of 2026 and the same was dismissed on 28.10.2026.

3. Per contra, the learned Additional Public Prosecutor appearing for the second respondent submitted that already the lab report is shown as serial Number.17 in the list of documents annexed to the final report. The petitioner has also received a copy of the same, by mistake, the Officer who has issued the report has not been cited as one of the list witnesses in the charge sheet and therefore the present application has been filed. He further submitted that pursuant to the order passed in Crl.M.P.No.259 of 2026, the Doctor is going to be examined on 04.11.2026 and on the same day the biological examiner would also be examined and there will not be any delay on the part of the prosecution.

4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5. As could be seen from the charge sheet, already a lab report issued by the government lab at Tirunelveli is shown as serial number 17

CRL OP(MD) No. 24853 of 2026 in the list of documents annexed to the final report. In such circumstances, the person who had issued the certificate is sought to be examined as an additional witness as contemplated under Section 311 of Cr.P.C. Only if the concerned expert who issued the certificate is permitted to mark the same, and the petitioner would be in a position to cross examine the concerned expert. Therefore, this Court does not find any illegality or irregularity in the order passed by the trial Court.

6. In such view of the matter, there shall be a direction to the second respondent to see that the Biological Examiner, who is the additional witness is examined on 04.11.2026 itself.

7. With the above said observations, this Criminal Original Petition is disposed of. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EBSI Note: Issue order copy on 02.11.2026

CRL OP(MD) No. 24853 of 2026 To

1. The Sessions Judge,

Special Court For Trial of Cases Under SC & ST (POA) Act, Thoothukudi.

2. The Deputy Superintendent of Police,

3. The Inspector of Police South Police Station Thoothukudi

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

CRL OP(MD) No. 24853 of 2026 R.VIJAYAKUMAR, J. EBSI CRL OP(MD) No. 24853 of 2026 30-10-2026