Madras High Court
CRL OP(MD)/25579/2026 of P. Karuppaiya Vs State Of Tamilnadu Rep By Inspector Of Police, Karaiyur on 11 November 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL.O.P.(MD) No.25579 of 2026
and
CRL.M.P.(MD) No.23742 of 2026
1. P. Karuppaiya
2. S. Vijaya
..Petitioner(s)
Vs
State Of Tamilnadu Rep By Inspector Of Police, Karaiyur Police Station, Pudukottai District.
..Respondent(s)
Prayer: Petition filed under Section 528 of the BNSS, to call for the records pertaining to the dismissal order in Crl.M.P. No. 3006 of 2026 in S.C. No. 10 of 2019 dated 18.09.2026 on the file of the Additional District and Sessions Judge under, Pudukkottai District and set aside the same.
For Petitioner(s)
: Mr.Pagalavan P
For Respondent(s)
: Mr.Arun
Government Advocate (Crl. Side)
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ORDER
The present petition has been filed by A1 and A2 in S.C.No.10 of 2019 on the file of the learned Additional District and Sessions Judge, Pudukottai, seeking to set aside the order dated 18.09.2026, wherein, the request of the petitioner, to recall P.W.1 for the purpose of cross-examination, has been rejected. __________
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CRL OP(MD) No. 25579 of 2026
2. Perusal of the records reveals that the petitioner has been charged for the offence under Section 302 and 109 of the Indian Penal Code, 1860. Records would further reveal that P.W.1 was chief-examined on 03.02.2021 and was also cross-examined. The present application has been filed on 03.09.2026, seeking to recall P.W.1.
3. During the arguments stage, the application came to be dismissed by the Trial Court on the ground that belatedly such application has been filed and no valid reason has been assigned.
4. According to the learned counsel appearing for the petitioners, Section 164 (Cr.P.C) Statements, which were recorded secretly, have been marked as Exhibits A.25 and A.26 when P.W.14 was chief-examined on 28.07.2026. Only thereafter, they came to the knowledge that Section 164 (Cr.P.C.) Statements of P.W.1 were recorded by the Court. He would further submit that the Section 164 (Cr.P.C.) Statements were not part of the charge sheet that was served upon the petitioners and therefore, they have to cross-examine P.W.1. According to the petitioners, in the light of Section 164 (Cr.P.C.) Statements, P.W.1 has to be cross-examined, hence, the present petition. __________
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CRL OP(MD) No. 25579 of 2026
5. The learned counsel appearing for the petitioner, on instructions, further submits that Section 164 (Cr.P.C.) Statements of P.W.1 was marked as Exhibits A.25 and A.26 only on 28.07.2026 and the petitioners were not furnished with a copy of the same at any anterior date.
6. Heard the learned counsel appearing for the petitionerd and perused the material records.
7. From the submissions made on either side, it is seen that the copy of the Section 164 (Cr.P.C.) Statements recorded by the concerned Court was not furnished to the petitioners at an earlier point of time and they came to know about the same only on 28.07.2026 when the Statements were marked during the chief-examination of P.W.14 and in such circumstances, in the interest of justice, the petitioners should be permitted to recall P.W.1 for the purpose of further cross-examination.
8. In such view of the matter, this Court is inclined to pass the following orders:
a) The order dated 18.09.20206, passed in Crl.M.P.No.3006 of 2026 in S.C.No.10 of 2019, stands set aside and the petitioners are permitted to recall P.W.1 for the purpose of cross-examination. __________
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CRL OP(MD) No. 25579 of 2026
b) The petitioners shall pay batta within a period of three days from the date of receipt of a copy of this order.
c) The petitioners shall cross-examine on the date on which P.W.1 appears and no further adjournments should be taken.
9. With the said observations, the present petition stands allowed. Consequently, connected miscellaneous petition is closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No drm __________
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CRL OP(MD) No. 25579 of 2026 To:
1. Inspector Of Police, Karaiyur Police Station, Pudukottai District.
2. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
3. The Additional District and Sessions Judge, Pudukkottai District. __________
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CRL OP(MD) No. 25579 of 2026 R.VIJAYAKUMAR J. drm CRL.O.P.(MD) No.25579 of 2026 11-11-2026 __________
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