Madras High Court
CRL OP(MD)/25715/2026 of Surya Prakash Vs State Of Tamilnadu Rep By Inspector Of Police, Subramaniapuram on 11 November 2026
CRL OP(MD) No. 25715 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 25715 of 2026
CNR:{HCMD011574152026}
Surya Prakash
S/o. Shanmugasundaram,
Chokkalinga Nagar,
7th Street, Bye Pass Road,
Madurai District.
… Petitioner/Petitioner/
Accused
Vs
The State of Tamilnadu
Represented by
The Inspector of Police,
Subramaniapuram Police Station,
Madurai City.
Crime No. 316 of 2014.
..Respondent/Respondent/
Complainant
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the return docket in unnumbered Crl.M.P.No.Nil of 2026 in S.C.No.196 of 2023 order passed by the learned Additional Chief Judicial Magistrate, Madurai dated 30.09.2026
as illegal and consequently direct the trial Court to accept the memo filed by the petitioner and permit the petitioner to cross examine the P.W.1/witness and pass orders on merits.
For Petitioner
:M/s M.Jegadeesh Pandian
For Respondent
:Mr.BArun,
Govt.Advocate (Crl.Side)
CRL OP(MD) No. 25715 of 2026
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ORDER
The present petition has been filed by A1 in S.C.No.196 of 2023 on the file of the learned Additional Chief Judicial Magistrate, Madurai, wherein by way of a docket order, a memo filed by the petitioner pointing out the compliance of the order in Crl.M.P.No.3670 of 2026, dated 22.09.2026 has been rejected.
2. The petitioner herein had filed Crl.M.P.No.3670 of 2026 seeking to recall P.W.1 for the purpose of cross-examination. The said application was allowed on 22.09.2026, subject to the condition that the petitioner shall deposit a sum of Rs.10,000/- before the District Legal Services Authority within a period of three days. However, the petitioner belatedly deposited the said amount on 30.09.2026 and filed a memo to that effect on the same day. The memo was returned on the ground that the petitioner had failed to comply with the order dated 22.09.2026 within the stipulated period of three days. Hence, the present petition.
3. Considering the aforesaid facts and circumstances, the docket order returning the memo is set aside. The trial Court is directed to accept the memo and permit the petitioner to recall P.W.1 for cross-examination.
CRL OP(MD) No. 25715 of 2026 However, the other conditions imposed in the order dated 22.09.2026 shall remain unaltered.
4. The correct Sessions Case number is S.C.No.196 of 2023. The Registry is directed to permit the petitioner to carry out the necessary corrections in the petition and thereafter issue a copy of the order.
5. Accordingly, this Criminal Original Petition is allowed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EBSI Note: The Registry is directed to return the original records after getting necessary acknowledgment from the learned counsel appearing for the petitioner. To
1. The Additional Chief Judicial Magistrate, Madurai,
2. The Inspector of Police,
Subramaniapuram Police Station Madurai City
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
CRL OP(MD) No. 25715 of 2026 R.VIJAYAKUMAR, J. EBSI CRL OP(MD) No. 25715 of 2026 11-11-2026