BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.3910 of 2024

and

Crl.M.P.(MD)No.13756 of 2024

Abin @ Abinraj ... Petitioner

Vs.

The State of Tamilnadu,

Rep. by, the Inspector of Police, Adirampattinam Police Station,

Thanjavur District.

(Cr.No.61 of 2018) ... Respondent

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and set aside the order passed in Crl.M.P.No.533 of 2023 on the file of the learned III Additional District & Sessions Court, Thanjavur at Pattukottai, dated

20.12.2023, by allowing this petition.

For Petitioner : Mr.P.Kannathasan

For Respondent : Mr.S.Ravi,

Additional Public Prosecutor

ORDER

Preface:

The power of recall under Section 311 Cr.P.C. is one of the most salutary provisions in the Code intended to ensure that the “best evidence” is placed before the Court and that the truth is discovered. The Hon’ble Supreme Court has reiterated time and again that the determinative factor is not the stage of the trial, but whether the evidence sought to be elicited is essential for a just decision of the case.

2. In the present case, the petitioner, who is t