IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Vallarasu ..Petitioner Vs State rep by The Station House Officer, Vikaravandi Police Station, Villupuram District.

(Crime No.351 of 2019) ..Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the order dated 14.10.2025 passed in Crl.M.P.No. 1690 of 2025 in C.C.No.125 of 2023 on the file of the learned District Munsif-cum-Judicial Magistrate, Vikravandi, set aside the same and consequently, permit the petitioners to recall and cross-

examine P.W.1 to P.W.5.

For Petitioner : Mr.P. Nithyanandhan For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition is filed to set aside the order dated

14.10.2025 passed in Crl.M.P.No. 1690 of 2025 in C.C.No.125 of 2023 on the file of the learned District Munsif-cum-Judicial Magistrate, Vikravandi and consequently, permit the petitioner to recall and cross-examine P.W-1 to P.W-5.

2. The learned counsel appearing for the petitioner submitted that the petitioner is the first accused, facing trial for the offences under Sections 147, 148, 294(b), 323, 324 and 506(2) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in C.C.No.125 of 2023 on the file of the learned District Munsif-cum-Judicial Magistrate, Vikaravandi. Further, L.W-1 to L.W-5 were examined in chief as P.W-1 to P.W-5 on 21.04.2025. Since the petitioner could not cross-examine them on the same day, he filed an application under Section 311 of Cr.P.C/Section 528 of BNSS, 2023, in Crl.M.P.No.1690 of 2025, seeking to recall P.W-1 to P.W-5 for the purpose of cross-examination and the said petition was allowed by order dated 23.07.2025 subject to payment of costs of Rs.500/- for each of the witnesses and process fee to be paid within three days. Since the process fee was not paid by the petitioner, the trial Court, by order of adjudication dated 14.10.2025, closed the evidence and also not issued summons to P.W-1 to P.W-5. Challenging the said order of adjudication dated 14.10.2025, the present Criminal Original Petition has been filed.

3. The learned counsel appearing for the petitioner further submitted that since the petitioner hails from a poor background, he could not raise the funds within the time frame fixed by the trial Court. However, now, the petitioner has raised funds and is ready to deposit the same before the trial Court. When the petitioner attempted to pay the process fee and costs to the witnesses, the learned trial Judge had directed the petitioner to get appropriate orders from the High Court. He submitted that if sufficient time is granted to the petitioner, the conditional order will be complied with and the petitioner also undertakes that the witnesses will be cross-examined on the same day of their appearance before the trial Court.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that since the petitioner had not paid the process fee, the cross-examination of P.W-1 to P.W-5 was closed. Now, the case stands posted for cross-examination of L.W-7 to L.W-10 on 23.02.2026.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

6. Though there had been lapses on the part of the petitioner in not paying the costs to the witnesses and the process fee, this Court is of the view that the cross-examination of P.W-1 to P.W-5 is necessary for arriving at a just decision of the case and if the petitioner is not allowed to cross examine P.W-1 to P.W-5, it will cause serious prejudice to him. When this Court enquired the respondent police as to whether the respondent police will be able to produce P.W-1 to P.W-5 for the purpose of cross-examination on a particular date fixed by the trial Court, the learned Government Advocate (Criminal Side) a